Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession of article for theft

Legal area

Court

25 Sept 2024

香港特別行政區訴陸效祥

Citation

[2024] HKCFI 3429
Court

Court of First Instance
Case number

HCMA372/2023

Convictions for theft and possession of article for theft are upheld. Although the two matters are unconnected and ordinarily warrant full consecutive sentences, the court applied the overall sentencing (totality) principle and ordered that of the 5-month sentence in this appeal, 6 weeks be served concurrently with the 6-month sentence in TMCC 1724/2024; the remainder to be served consecutively.
6 Jun 1973

LAM CHUN v. THE QUEEN

Citation

LAM CHUN v. THE QUEEN
Court

Court of Appeal
Case number

CACC386/1973

Because the piece of wire remained in the appellant's pocket and was not taken out or used, possession was merely evidential/incidental to loitering; applying the Full Court's principle that each case depends on its facts, the 9-month sentence on the possession count was disproportionate and is reduced to 3 months so that both sentences are concurrent.