Hong Kong Case Law: Decisions & Judgments

Topic

Concurrency

Legal area

Court

26 May 2016

HKSAR v. IPP TIN FAN

Citation

HKSAR v. IPP TIN FAN
Court

Court of Appeal
Case number

CACC9/2016

Leave to appeal against sentence was granted because grounds challenging the judge's stipulated starting points and the partial consecutive order were reasonably arguable: the judge may have double-counted the making of child pornography as an aggravating factor for indecent assault and, in light of authority that related making of child pornography should run concurrently with corresponding sexual offence sentences and the lack of fixed tariffs and limited comparators, the appeal merited substantive consideration.
9 Mar 2015

HKSAR v. ANDRIANI WIBI ASTUTIK

Citation

HKSAR v. ANDRIANI WIBI ASTUTIK
Court

Court of Appeal
Case number

CACC296/2014

Where a domestic helper stole multiple genuine credit cards from her employer and used them repeatedly over months, the trial judge was entitled to adopt deterrent starting points comparable to those applied in simple credit card fraud cases (3 years or more), to treat the conduct as a gross breach of trust with substantial potential loss, and to conclude the aggregate sentence imposed (3 years 6 months) was not manifestly excessive.
19 Mar 1992

R. v. WONG KIN-KWOK

Citation

R. v. WONG KIN-KWOK
Court

Court of Appeal
Case number

CACC241/1991

The Court refused leave to appeal and upheld the sentences because the offences were serious, bore hallmarks of a triad-style attack and caused terror and some injury to victims; there was no error of principle and the sentences were not manifestly excessive, with concurrency appropriate as the offences arose from the same incident.

Hong Kong Case Law

HKSAR v. IPP TIN FAN

HKSAR v. ANDRIANI WIBI ASTUTIK

R. v. WONG KIN-KWOK