Hong Kong Case Law: Decisions & Judgments

Topic

Medical mitigation

Legal area

Court

30 Jan 2019

HKSAR v. ABDUL WAHED

Citation

[2019] HKCFI 241
Court

Court of First Instance
Case number

HCMA427/2018

The court held that a reduced starting point of nine months imprisonment for Charge 1 was appropriate; after allowing the one-third discount for a guilty plea the proper sentence is six months imprisonment. The appellant's long journey was irrelevant to the particular dangerous driving act, and his medical condition, while serious, did not justify avoiding a custodial sentence given the gravity and deterrent needs of the offence and the statutory enhancement for tier-three drunkenness.
15 Mar 2011

HKSAR v. WAMAE ESTHER WANJIKU KINYANJUI

Citation

HKSAR v. WAMAE ESTHER WANJIKU KINYANJUI<br>
Court

Court of Appeal
Case number

CACC320/2009

Given the quantity of heroin (exceeding 1kg) and the international element, a starting point of 25 years was not manifestly excessive; the judge properly applied a one-third reduction for the guilty plea; there was no material assistance to authorities and no evidence the applicant's medical condition could not be treated in custody, therefore no basis to interfere with the sentence; leave to appeal dismissed.
30 Jan 2007

HKSAR v. TSE TSZ SHAN

Citation

HKSAR v. TSE TSZ SHAN
Court

Court of First Instance
Case number

HCMA1133/2006

The judge concluded that while the appellant's lung cancer and guilty plea warranted mercy and a modest reduction, they did not justify avoiding immediate imprisonment; accordingly the instant 3 month term was upheld and the previously suspended sentence was partially activated at 4 months to run consecutively, reducing total time to 7 months rather than 10 months.
5 Oct 2001

HKSAR v. CUCAL MERLITA SORIANO

Citation

HKSAR v. CUCAL MERLITA SORIANO
Court

Court of First Instance
Case number

HCMA998/2001

Given the appellant's overstay of three years seven months and that her medical conditions were being treated or were treatable in custody and were taken into account by the sentencing magistrate, a sentence of two months' imprisonment was not excessive and the appeal must be dismissed.
11 May 1999

HKSAR v. NG KIN KWOK

Citation

HKSAR v. NG KIN KWOK
Court

Court of Appeal
Case number

CACC619/1998

The Court held there was no merit in the appeal; the sentencing judge properly selected starting points, correctly treated the immigration offence as aggravated by prior unlawful entries and prior offending, appropriately applied discounts for plea, and the asserted medical grounds did not justify reducing the imposed sentences; the application was dismissed but three months of custody were ordered not to count towards the sentence.

Hong Kong Case Law

HKSAR v. ABDUL WAHED

HKSAR v. WAMAE ESTHER WANJIKU KINYANJUI

HKSAR v. TSE TSZ SHAN

HKSAR v. CUCAL MERLITA SORIANO

HKSAR v. NG KIN KWOK