Hong Kong Case Law: Decisions & Judgments

Topic

Parity of sentence

Legal area

Court

15 Feb 2018

HKSAR v. HO CHUN YU also known as HO CHUN YIN

Citation

[2018] HKCA 90
Court

Court of Appeal
Case number

CACC291/2017

The judge was entitled to adopt a 3-year starting point for domestic burglary and to modestly increase it by three months to reflect aggravating factors (commission with others and use of a crowbar); the resulting 26-month sentence after a one-third guilty-plea discount was appropriate and any disparity with the co-defendant's 2-year sentence did not amount to exceptional circumstances warranting appellate intervention.
6 Dec 2013

HKSAR v. QAISER , FAISAL

Citation

HKSAR v. QAISER , FAISAL
Court

Court of First Instance
Case number

HCMA637/2013

The court allowed the appeal, admitted fresh evidence concerning the appellant's medical condition, concluded that probation was unsuitable but continued detention would be counter-productive given the appellant's health and time already served, and that a deterrent sentence of 6 months imprisonment was appropriate if combined with a significant suspension period; accordingly substituted the magistrate's Detention Centre sentence with 6 months imprisonment suspended for 18 months and ordered release from detention.
15 Jul 2003

HKSAR v. LEE YUEK SING AND OTHERS

Citation

HKSAR v. LEE YUEK SING AND OTHERS
Court

Court of Appeal
Case number

CACC515/2001

Where the enhancement under s.27(11) OSCO was applied on the basis of statistical evidence that, when corrected, did not show the offence to be prevalent, the enhancement was inappropriate. The appellate court removed the 25% enhancement, reduced the affected sentences accordingly, granted leave to appeal out of time and treated prior abandonments as nullities in these exceptional circumstances.

Hong Kong Case Law

HKSAR v. HO CHUN YU also known as HO CHUN YIN

HKSAR v. QAISER , FAISAL

HKSAR v. LEE YUEK SING AND OTHERS