Hong Kong Case Law: Decisions & Judgments

Topic

Mitigating and aggravating factors

Legal area

Court

4 Jun 2013

HKSAR v. CHOY KA LEUNG

Citation

HKSAR v. CHOY KA LEUNG
Court

Court of Appeal
Case number

CACC365/2012

The judge did not err in principle: the three-month reduction for stress was properly taken from the starting point; the one-third guilty plea discount was correctly applied; having regard to the nature of the images, aggravating features, and comparable cases the starting point and ultimate sentence of 22 months were within the permissible range and not manifestly excessive, so leave to appeal was dismissed.
25 Oct 2011

HKSAR v. CHEUNG SIK WAI, TERRY

Citation

HKSAR v. CHEUNG SIK WAI, TERRY
Court

Court of Appeal
Case number

CACC373/2009

Given the facts (an operable revolver concealed in the defendant's car, importation from the Mainland, and the defendant's significant prior convictions), the Court concluded the total sentence of 11 years and 2 months was not manifestly excessive and refused the out‑of‑time application for leave to appeal against sentence.
9 Jul 1999

HKSAR v. HUNG ON TIK

Citation

HKSAR v. HUNG ON TIK
Court

Court of Appeal
Case number

CACC201/1999

The Court upheld the sentence because the seriousness of the offences, the applicant's use of a knife and violence, the forcible extraction and use of the victim's PINs to withdraw significant sums, the applicant's prior record and subsequent burglaries outweighed his claimed financial hardship; the appeal was without merit and time was wasted, warranting a loss of time order.
29 Apr 1998

HKSAR v. WONG HING WAN

Citation

HKSAR v. WONG HING WAN
Court

Court of Appeal
Case number

CACC88/1998

Because the applicant entered an early guilty plea and there were significant mitigating factors (secured Letters of Credit preventing bank loss, family circumstances, insolvency, reputational damage), the customary one-third discount should have been applied; failure to apply it without stated reasons warranted reducing the sentence to eight months' imprisonment.
13 Jun 1997

R. v. WONG KWAI NAM

Citation

R. v. WONG KWAI NAM
Court

Court of Appeal
Case number

CACC449/1996

The Court held that given the calculated, deliberate nature of the offences targeting the administration of justice and high-ranking officials, the sentences were proportionate; no error in principle or manifest excess was shown and the application to vary the sentences was refused.
14 Nov 1985

THE QUEEN v. CHAN CHI-KEUNG

Citation

THE QUEEN v. CHAN CHI-KEUNG
Court

Court of Appeal
Case number

CACC229/1985

Given the applicant's lack of prior drug offences, his personal circumstances and the overall facts, a six-year term was excessive for this case; the appropriate sentence is four years' imprisonment, reducing the sentence accordingly despite the significant quantity/value of opium.

Hong Kong Case Law

HKSAR v. CHOY KA LEUNG

HKSAR v. CHEUNG SIK WAI, TERRY

HKSAR v. HUNG ON TIK

HKSAR v. WONG HING WAN

R. v. WONG KWAI NAM

THE QUEEN v. CHAN CHI-KEUNG