Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation for medical condition

Legal area

Court

27 Jun 2003

HKSAR v. TSANG WAI KEI

Citation

HKSAR v. TSANG WAI KEI
Court

Court of Appeal
Case number

CACC452/2002

The Court held that the sentencing judge properly applied the Lee Tak Kwan tariff principles, rationally selected a 12-year starting point and, after allowing a one-third discount for the guilty plea, imposed an 8-year sentence; the judge correctly refused further reduction for the applicant's pre-existing medical condition because the offence was grave, public interest and deterrence prevailed, and the medical condition did not justify exceptional mercy.
3 Oct 2001

HKSAR v. VASQUEZ TARAZONA JESUS JUAN

Citation

HKSAR v. VASQUEZ TARAZONA JESUS JUAN
Court

Court of First Instance
Case number

HCMA725/2001

The Magistrate's choice of starting point, the discounts for cooperation and guilty plea, and the application of the totality principle were within proper sentencing discretion; the appellant's personal circumstances and foreignness do not demonstrate that the sentence was excessive, and therefore the appeal is dismissed.
20 Sept 1996

R. v. LEUNG LAN SIU

Citation

R. v. LEUNG LAN SIU
Court

Court of First Instance
Case number

HCMA823/1996

The appeal was dismissed because the medical evidence did not establish that incarceration posed a present risk or required treatment unavailable in custody, the appellant's family circumstances did not justify premature release and were known when the offences were committed, and given her prior convictions and the value/seriousness of the theft the concurrent sentences imposed were within appropriate sentencing guidelines.
31 Jul 1996

R. v. CHAN KUI SHEUNG

Citation

R. v. CHAN KUI SHEUNG
Court

Court of Appeal
Case number

CACC13/1996

While the offences were aggravated by the applicant's position of trust, multiple incidents and some premeditation, the Court reduced the sentences as an act of mercy because the applicant's severe paraplegia and the demonstrated inadequacy of prison facilities for his disability rendered the original sentencing approach excessive; the court adjusted the starting point for the most serious count from four years to 18 months and reduced the other counts to six months to achieve a total effective sentence of 18 months, applying the totality principle and giving weight to guilty pleas and prior…

Hong Kong Case Law

HKSAR v. TSANG WAI KEI

HKSAR v. VASQUEZ TARAZONA JESUS JUAN

R. v. LEUNG LAN SIU

R. v. CHAN KUI SHEUNG