Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Guideline tariffs

  • 14 Nov 2018

    HKSAR v. CHOI CHUN WO

    Citation
    [2018] HKCA 384
    Court
    Court of Appeal
    Case number
    CACC273/2017

    The Court held the correct guideline starting point for 5.26g of methamphetamine was 5 years 1 month, enhanced by 3 months for the international element to 5 years 4 months. The narcotic content for self-consumption was assessed at about 1.5g (≈28.5% of 5.26g), which the Court regarded as a "significant proportion" meriting a 12% discount. After reducing the starting point by 12% and then by one third for the guilty plea, the proper sentence is 3 years and 1 month imprisonment. The Court further held that ‘‘significant proportion’’ is a fact-specific threshold and is not fixed at 50%.

  • 7 Aug 2001

    HKSAR v. YAU WAI HANG

    Citation
    HKSAR v. YAU WAI HANG
    Court
    Court of Appeal
    Case number
    CACC80/2001

    The court held that the sentencing judge erred in taking the maximum as the starting point for charge 1; adjusted the starting points for each offence (charge1 15 months, charge2 24 months reduced to 2 years, charge3 30 months accepted), applied a one-third guilty plea discount, and imposed a combination of consecutive periods producing an aggregate effective sentence of 36 months because the offences were distinct and the offender's repeated sales justified partial consecutiveness; overall sentence must reflect both guideline tariffs and the totality principle.