Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Good character and mitigation

Legal area

Court

18 Sept 2002

HKSAR v. MAK SHING

Citation

HKSAR v. MAK SHING
Court

Court of Appeal
Case number

CACC322/2001

The Court held the trial judge's five-year starting point was manifestly excessive in the absence of evidential support for asserted prevalence and apparent failure to take into account the applicant's good character and mitigation; the proper starting point was four years with a one-year discount for confined legal defence, resulting in substituted concurrent sentences of three years' imprisonment.
12 Jan 2000

HKSAR v. TANG KAI HI

Citation

HKSAR v. TANG KAI HI
Court

Court of Appeal
Case number

CACC531/1999

The judge's starting point of six years for an armed robbery involving a weapon was not manifestly excessive; the additional 6 months credit for good character was excessive in circumstances of violent armed robbery where little weight should be given to prior good record; the appeal was dismissed and a specific order was made regarding remand credit (four months not to count).