19 Jan 1993
The Court held the appropriate starting point for a lift robbery without an offensive weapon is 4 years and, applying discounts for minimal force, guilty plea, first offender status and a full confession indicating remorse, the sentence imposed by the trial judge should be reduced to 2 years and 9 months.
22 Mar 1990
Because s.37C(1)(a) and (c) carry the same punishment the judge was entitled to consider evidence that the appellants played an active role beyond simple crew; the 3-year sentences were within the acceptable sentencing range and not manifestly excessive, so the applications to appeal were refused.
31 Jan 1989
For hawking obstruction offences in the Golden Mile area a sentencing convention is established: first offenders should not be fined more than $600 absent special circumstances; voluntary admission of prior offending justifies intermediate reduction (to $800 in these cases); repeat offenders may be fined up to $1,000 and higher if persistently recalcitrant; charges should be brought consistently under the appropriate Hawker By‑laws rather than the Summary Offences Ordinance to avoid inconsistent inflations of penalty.
13 Jan 1989
For first-time hawking obstruction offenders a fine of $600 is appropriate to ensure consistency with prior appellate decisions; appeals by defendants who reoffended within days of conviction are dismissed and the original $1,000 fines upheld; where the obstruction was minimal due to location (cul-de-sac) a lower fine of $400 is appropriate.
6 Sept 1988
Detention centre order was disproportionate for a first offender with good background and employment; having regard to value of property, time already served (two months) and overall circumstances, non‑custodial supervision (12 months probation) was the appropriate sentence while the conviction was upheld.
30 Jun 1986
The appeal was allowed because, although the offences are serious, the combination of first offender status, a guilty plea and the small‑scale nature of the operation made a custodial sentence disproportionate; the appropriate sentence for the first count is a fine of HKD 5,000 in lieu of imprisonment.
7 Apr 1978
The sentence of two and a half years was manifestly excessive in the circumstances of a single sale involving a very small quantity to a first offender; the appropriate substituted sentence is eighteen months' imprisonment and any fine paid must be returned.
2 Mar 1973
The learned judge held the magistrate erred in principle by treating custodial sentences as required despite mitigation and a favourable probation report and by imposing an inconsistent tariff (six months for burglary and nine months for consequent commercial offences); therefore the appeal was allowed, original sentences quashed and suspended sentences substituted: burglary 12 months suspended for 2 years and three concurrent nine month sentences suspended for 2 years.