Hong Kong Case Law: Decisions & Judgments

Topic

Invasion of private premises

Legal area

Court

20 Dec 2007

HKSAR v. LEE HON LEUNG

Citation

HKSAR v. LEE HON LEUNG
Court

Court of Appeal
Case number

CACC308/2006

The court held that lifts and other common parts are private premises for the purpose of the Mo Kwong Sang guideline, the judge properly adopted a five-year starting point for a lift robbery without a weapon and correctly applied a one-third reduction for the guilty plea; the personal mitigation advanced did not justify further reduction, therefore leave to appeal against the sentence was refused.
1 Feb 2005

HKSAR v. MAU HIU CHI

Citation

HKSAR v. MAU HIU CHI
Court

Court of Appeal
Case number

CACC456/2004

The court held the eight year starting point was excessive in the circumstances; a seven year starting point was appropriate for an armed robbery involving invasion of private premises with evening occurrence and threat, which after full credit for the plea resulted in a substituted sentence of four years and eight months imprisonment; leave to appeal granted and appeal allowed to that extent.
17 Aug 2004

HKSAR v. NGUYEN VAN DONG

Citation

HKSAR v. NGUYEN VAN DONG
Court

Court of Appeal
Case number

CACC213/2004

Leave to appeal was refused because the trial judge correctly applied established sentencing guidelines (5-year starting point for robbery with a weapon followed by the usual one-third discount for a guilty plea) and there were no mitigating factors to justify interference with the sentence of 3 years 8 months.
27 Feb 1997

R. v. CHAN KWOK FAI

Citation

R. v. CHAN KWOK FAI
Court

Court of Appeal
Case number

CACC499/1996

The Court upheld the trial judge's application of a seven year starting point for this category of robbery and found the judge correctly exercised discretion in granting a reduced discount (between one quarter and one third) for a late plea and prior absconding, producing a five year sentence which was not excessive.
1 Oct 1982

TAM SHU-WING v. THE QUEEN

Citation

TAM SHU-WING v. THE QUEEN
Court

Court of Appeal
Case number

CACC669/1982

Applying MO Kwong-sang guidelines, the court found the facts (knife displayed in lift) would attract six years but a guilty plea warrants reduction; balancing the guilty plea credit against previous convictions the court substituted five years imprisonment for the original six years.

Hong Kong Case Law

HKSAR v. LEE HON LEUNG

HKSAR v. MAU HIU CHI

HKSAR v. NGUYEN VAN DONG

R. v. CHAN KWOK FAI

TAM SHU-WING v. THE QUEEN