Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation: family circumstances

Legal area

Court

24 Mar 2009

HKSAR v. BENCHAMAWICHIT NATACHA

Citation

HKSAR v. BENCHAMAWICHIT NATACHA
Court

Court of Appeal
Case number

CACC287/2008

The application for leave to appeal against sentence out of time is dismissed because no satisfactory justification for the delay was shown and there was no merit in disturbing the sentence; the starting point of 12 years reduced by one-third for a guilty plea to eight years was appropriate for trafficking 217.54 g of heroin and family circumstances did not amount to mitigation.
16 Sept 2003

HKSAR v. DARWIN IBRAHIM

Citation

HKSAR v. DARWIN IBRAHIM
Court

Court of Appeal
Case number

CACC112/2003

The starting point of 24 years per count was within the established tariff for trafficking over 600g of 'ice' and was not manifestly excessive; the international aspect aggravated the offence; family circumstances do not mitigate drug offending; the judge properly reduced the starting point to 16 years for the guilty plea; therefore leave to appeal against sentence is refused.
17 Dec 1999

HKSAR v. LEUNG SUK LING

Citation

HKSAR v. LEUNG SUK LING
Court

Court of First Instance
Case number

HCMA1042/1999

The magistrate correctly applied the LAU Tak-ming sentencing band, adopted a 2 year starting point for the lowest band and properly reduced to 16 months for plea; family circumstances did not provide sufficient mitigation to justify interference with the sentence, so the appeal must be dismissed.
6 Feb 1990

THE QUEEN v. WU WING KIN

Citation

THE QUEEN v. WU WING KIN
Court

Court of Appeal
Case number

CACC539/1989

The activation of the 3‑month suspended sentence was quashed because activation was not properly supported by a subsequent conviction for an offence committed during the operational period; the immediate sentence of 2 years 9 months for assault with intent to rob was not excessive and was upheld.
4 Jun 1971

CHAN KWOK TUNG v. THE QUEEN

Citation

CHAN KWOK TUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC286/1971

The appeal was dismissed because the appellant's repeated offending and history of prior leniency justified the custodial sentence of two years; family circumstances did not provide sufficient mitigation to reduce the sentence.

Hong Kong Case Law

HKSAR v. BENCHAMAWICHIT NATACHA

HKSAR v. DARWIN IBRAHIM

HKSAR v. LEUNG SUK LING

THE QUEEN v. WU WING KIN

CHAN KWOK TUNG v. THE QUEEN