13 Jan 2022
Leave to appeal was refused because the judge properly applied sentencing principles: the theft of the LGV materially increased culpability beyond the attempted theft, the driving offences added separate public safety culpability and justified partial consecutive sentencing, and the aggregate 46 months was not wrong in principle or manifestly excessive given the offending and antecedents.
16 Feb 2012
Where the s.25 offence merely records receipt of funds that are the direct fruit of the predicate offence and there is no distinct money‑laundering purpose or additional culpability, no effective additional sentence should be imposed for s.25; the court must ensure overall sentence reflects true culpability applying totality and concurrency as appropriate. Applying that principle, the Court allowed the appeal in part, quashed and substituted sentences for the blackmail charges and ordered the s.25 sentence to run concurrently.
26 Aug 2011
The Court held the s47 evidential presumptions applied because the 2nd applicant was proved in physical possession of the blue suitcase and keys; his denials in interview were wholly exculpatory and entitled to little or no weight, and on the evidence including circumstantial matters the Crown proved knowledge beyond reasonable doubt, so conviction was upheld; sentencing for the 2nd applicant was excessive and was reduced to a 5 year term on the trafficking charge with a concurrent 7 day term for possession.
8 Jan 2008
The magistrate lawfully set an 18‑month starting point reflecting the appellant's extensive theft record, correctly reduced that sentence by one‑third for the guilty plea, and properly exercised discretion in activating a 6‑month suspended sentence and ordering 4 months to run consecutively; therefore the appeal fails.
27 Aug 2002
The appeal is dismissed; the established principle that a sentence for unlawful remaining under s38(1)(b) should normally run consecutively to any sentence for an offence committed while unlawfully in Hong Kong applies, and the appellant's asserted mitigating circumstances were not sufficiently compelling to justify concurrent sentences.
14 Jan 1998
The Court held that, on the facts and sentencing choices made (starting points, plea discounts and application of totality), the aggregate 40‑month sentence was not wrong in principle or manifestly excessive and the application to vary was dismissed.
10 Sept 1996
The sentences of 9 and 6 months were inadequate; each offence warranted 12 months imprisonment. The two new 12-month sentences arise from the same course of conduct and should run concurrently with each other but consecutively to the separate earlier sentence being served; accordingly the magistrate's sentences were set aside and substituted with concurrent 12-month sentences, to run consecutively to the existing sentence.
11 Nov 1994
The Court held the trial judge lawfully rejected the alibi by properly weighing the defendants' cautioned admissions and witness timing evidence; the admissions (joining, payment of fees, identification of protector and rank and participation in criminal acts) were sufficient to convict for triad membership without expert evidence; convictions on counts 4 and 5 were quashed but other convictions and sentences were upheld, and the sentencing was not excessive.
5 Oct 1990
The court held that, given the seriousness of planning and embarking on an armed robbery with semi-automatic weapons in a busy central district and the applicant carrying a firearm while embarking on the robbery, the sentencing judge did not err in his selection of starting points or in ordering 3.5 years of the conspiracy sentence to run consecutively; the total effective sentence of 12.5 years was not excessive and leave to appeal was refused.