Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

International dimension as aggravating factor

Legal area

Court

31 May 2017

HKSAR v. KHURELBAATAR NARANBAYAR

Citation

HKSAR v. KHURELBAATAR NARANBAYAR
Court

Court of Appeal
Case number

CACC335/2016

The application for leave to appeal against sentence is refused because there is no arguable ground: although the sentencing judge failed to note an aggravating international dimension (which could have justified higher starting points), the sentencing exercise including partial consecutiveness was not wrong in principle or manifestly excessive given the facts and absence of demonstrable assistance to authorities.
27 Aug 2014

HKSAR v. NEOH HOOI MEI

Citation

HKSAR v. NEOH HOOI MEI
Court

Court of Appeal
Case number

CACC408/2013

The Court upheld the sentencing judge's approach: the international dimension and possession of a forged foreign identity card were proper aggravating factors justifying the chosen starting point (3.5 years) with a one‑third reduction for guilty pleas; the applicant's operational role, though not principal, was necessary to the fraud and did not merit a greater reduction; the compensation order out of seized monies did not justify further discount; application to vary sentence lacked merit and was dismissed, but the Court exercised its statutory power to exclude six weeks of custody pending a…