Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mitigation and guilty plea credit

Legal area

Court

30 Jan 2004

HKSAR v. YEUNG WING TING, DICK

Citation

HKSAR v. YEUNG WING TING, DICK
Court

Court of First Instance
Case number

HCMA979/2003

The appeal was allowed in part because the magistrate's inference that the appellant was likely two times over the limit was unsupported by the facts; while the court has power to disqualify under s69(1)(a) Cap.374 and refusal to provide a specimen can justify a longer period, the 21-month disqualification was excessive on these facts and should be reduced to 12 months.
26 Sept 2001

HKSAR v. POON WING YAN

Citation

HKSAR v. POON WING YAN
Court

Court of First Instance
Case number

HCMA693/2001

The magistrate's sentence of 18 months was not so severe as to warrant interference; she appropriately applied the totality principle, gave credit for mitigation, and was entitled to treat child pornography as a significant aggravating factor.
7 Jan 1999

HKSAR v. DINH HUU DOAN

Citation

HKSAR v. DINH HUU DOAN
Court

Court of First Instance
Case number

HCMA1200/1998

The magistrate correctly applied established Court of Appeal guidance using a 2-year starting point for post-trial trafficking offences under 10 grams, properly considered the appellant's record and lack of mitigation, and the resultant 2-year custodial sentence was neither manifestly excessive nor contrary to law, therefore the appeal against sentence is dismissed.