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Hong Kong decisions
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The Court of Appeal refused leave to appeal against sentence for drug trafficking and using another’s identity card, upholding consecutive terms as neither crushing nor manifestly excessive.
The Court of Appeal refused leave to appeal against a 58-month sentence for dangerous driving causing death and grievous bodily harm after a road race ended in a fatal crash.
The trial judge's detailed credibility assessments of the three prosecution witnesses were justified, the medical evidence undermined the appellant's claim of impairment, the appellant's evidence contained material inconsistencies, and on a re‑trial basis the Crown proved each count beyond reasonable doubt; accordingly the convictions are safe and the appeal is dismissed.
Source excerpt
The Court of Appeal refused leave to appeal against a 6 years 4 months sentence for drug trafficking and possession, rejecting challenges to aggravation, concurrency, and counsel’s conduct.
The Court of Appeal granted leave to appeal against sentence, holding it was reasonably arguable that the cumulative sentence may be manifestly excessive because of consecutive elements.
Court of Appeal held the District Court did not exceed its jurisdiction by sentencing the appellant on three separate occasions, and dismissed the sentence appeal.
The magistrate correctly held that concealing dangerous drugs and poisons in a walking‑stick to repay debts indicated intent to supply other prisoners, making the offence comparable to trafficking; a 6‑month sentencing starting point was appropriate and ordering the 4‑month sentence to run consecutively to the appellant's existing sentence was lawful; appeal dismissed.
Source excerpt
Appeal against sentence partly allowed. The Court reduced the sentence for using a forged identity card from 12 months to 6 months, lowering the total term to 12 months.
The Court of Appeal granted leave only on the jurisdictional issue about aggregate sentencing under the District Court ceiling, and refused leave on manifest excess.
Appeal against sentence for three theft convictions dismissed. The court held that mental illness was not shown to have caused the offences, and restitution and delay did not justify suspension.
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