Hong Kong Case Law: Decisions & Judgments

Topic

Bail as aggravating factor

Legal area

Court

5 Jul 2017

HKSAR v. WONG YUN FAT

Citation

HKSAR v. WONG YUN FAT
Court

Court of Appeal
Case number

CACC180/2016

The court held that the judge erred by using a broad‑brush cancelation of aggravating and mitigating factors and by a mathematical discount error; it quantified an appropriate enhancement of 6 months for committing trafficking while on police bail (raising count1 starting point to 11 years), adopted a 21‑month starting point for count2, applied a 40% combined discount for guilty plea plus substantial assistance (no credit for unfruitful assistance), and ordered 2 months of count2 consecutive to count1, resulting in sentences of 6 years 7 months on count1 and 12 months on count2, total 6 years…
28 Feb 2017

HKSAR v. MAJID MUHAMMAD

Citation

HKSAR v. MAJID MUHAMMAD
Court

Court of Appeal
Case number

CACC157/2015

The Court held the sentencing judge acted within his discretion: the starting point adjusted to reflect the appellant’s role and the aggravating fact of offending while on bail (and abusive conduct as an asylum claimant) was justified, the claim of self‑consumption was properly rejected on the facts without a Newton hearing, the judge properly applied the totality principle before ordering the 44‑month sentence to run consecutively to the earlier 2‑month sentence, and no credit for assistance was warranted; therefore the appeal against sentence was dismissed.
17 Jun 2016

HKSAR v. SUN CHI MAN

Citation

HKSAR v. SUN CHI MAN
Court

Court of Appeal
Case number

CACC417/2015

The appellate judge held that each individual sentence fell within the sentencing judge's discretion and established guidelines; the one‑year consecutive element was justified by separate offending on different days and by offences committed while on bail and the applicant's persistent offending; therefore there was no reasonably arguable ground of appeal and leave to appeal was refused.
7 Nov 2008

HKSAR v. NG NGAI SHAN

Citation

HKSAR v. NG NGAI SHAN
Court

Court of Appeal
Case number

CACC197/2008

The sentencing judge erred by increasing the sentence for the first offence because of the existence of a later similar offence; the correct method is to sentence each offence on its own facts and record and then apply the totality principle to arrive at an overall term; accordingly the first sentence was reduced and the total aggregate sentence substituted at three years three months imprisonment.
29 Sept 1982

KAM HING-TAT v. THE QUEEN

Citation

KAM HING-TAT v. THE QUEEN
Court

Court of Appeal
Case number

CACC837/1982

The Court allowed the appeal against sentence, quashed the judge's order fixing the later sentence to start on 23 August 1982, directed that all sentences run entirely concurrently, and set aside the order for loss of time because the cumulative effect imposed by the later commencement was unjustified given that the offences would have attracted concurrent sentences if joined.

Hong Kong Case Law

HKSAR v. WONG YUN FAT

HKSAR v. MAJID MUHAMMAD

HKSAR v. SUN CHI MAN

HKSAR v. NG NGAI SHAN

KAM HING-TAT v. THE QUEEN