Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Plea bargaining/discount for guilty plea

Legal area

Court

9 Jun 2011

HKSAR v. LUO XIUHONG

Citation

HKSAR v. LUO XIUHONG
Court

Court of Appeal
Case number

CACC339/2010

The court held that the international/cross-border element did not justify enhancing the usual starting point from 3 years to 4 years in this case; the proper starting point for the conspiracy charge was 3 years after trial and, allowing full credit for the plea, an appropriate sentence was 2 years 4 months imprisonment on the 1st charge. The order that 4 months of the 2nd charge be served consecutively was left undisturbed.
20 Aug 1997

HKSAR v. AU YEUNG SING

Citation

HKSAR v. AU YEUNG SING
Court

Court of Appeal
Case number

CACC155/1997

The Court held the sentencing judge did consider the applicant's existing imprisonment when the matter was raised, correctly applied the Lau Tak Ming guideline in selecting a starting point of 10.5 years and lawfully exercised his discretion to reduce to seven years after a one-third guilty plea discount and to order the sentence consecutive; there was no error of law and the application for leave to appeal was refused.