Hong Kong Case Law: Decisions & Judgments

Topic

Non-refoulement claimant

Legal area

Court

25 Mar 2020

HKSAR v. DELGADO VALENCIA WILLIAM FELIPE

Citation

[2020] HKCA 127
Court

Court of Appeal
Case number

CACC304/2019

Leave to appeal was refused because the sentencing judge properly exercised discretion: he adopted an appropriate starting point for 38.8 grams of cocaine, applied a limited enhancement and modest mitigation adjustments, lawfully declined to grant a substantial self-consumption discount in the absence of supporting evidence, applied a guilty plea reduction, and therefore the resultant 5 year sentence was not demonstrably excessive.
22 Nov 2018

HKSAR v. JOHIR MOHAMMED

Citation

[2018] HKCFI 2526
Court

Court of First Instance
Case number

HCMA224/2018

The magistrate correctly assessed that the appellant's health and family circumstances did not constitute valid mitigation and that the appellant, having been represented, deliberately pleaded not guilty; therefore there is no basis to reduce or interfere with the sentence and the appeal is dismissed.
29 Nov 2017

HKSAR v. BARROW LAMIN

Citation

HKSAR v. BARROW LAMIN
Court

Court of Appeal
Case number

CACC219/2017

The judge's sentencing choices were lawfully open: the starting point for 4.24g of cocaine was correctly derived from applicable guidelines, a 3‑month uplift for the applicant's Form 8 recognizance status was justified by deterrence and abuse of privilege, and a 20% plea discount was appropriate where the guilty plea was first indicated on the second day of a 7‑day trial in accordance with HKSAR v Ngo Van Nam; accordingly there were no reasonably arguable grounds of appeal against sentence.

Hong Kong Case Law

HKSAR v. DELGADO VALENCIA WILLIAM FELIPE

HKSAR v. JOHIR MOHAMMED

HKSAR v. BARROW LAMIN