Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mitigation (medical condition)

Legal area

Court

10 Feb 2021

HKSAR v. DAN BAHADUR ADHIKARI

Citation

[2021] HKCFI 704
Court

Court of First Instance
Case number

HCMA300/2020

The magistrate lawfully imposed a 12‑month custodial sentence after considering the plea, mitigation and authorities; the medical report did not establish a causal link between the appellant's psychiatric condition and the offending, there was no basis to treat permanent residency differently, and the sentence was not wrong in principle nor manifestly excessive; appeal dismissed.
18 Nov 2016

HKSAR v. LEE LEI LEI

Citation

HKSAR v. LEE LEI LEI
Court

Court of Appeal
Case number

CACC206/2016

Leave to appeal out of time was refused because the applicant gave no adequate explanation for the seven month delay and produced no fresh medical evidence of deterioration; the sentencing judge had properly considered all mitigation, adopted appropriate starting points related to value of goods stolen, applied a guilty plea discount, and the aggregate sentence of 30 months was within the permissible range and not manifestly excessive.
11 May 1994

Oscar LAI Ka-to v. R.

Citation

Oscar LAI Ka-to v. R.
Court

Court of Appeal
Case number

CACC229/1992

The Court held that the offence's gravity required a substantial custodial sentence; balancing the seriousness against mitigation (medical condition and first offence) the Court allowed the appeal and varied the sentence from seven years to five years.