5 Jan 1990
Although each individual sentence was appropriate, the totality principle required reduction: under s.68 Criminal Procedure Ordinance the court ordered part of the firearms sentence to run concurrently with the drug sentence, reducing the aggregate term from 21 to 17 years because of the applicant's previous good character, plea and cooperation.
15 Aug 1986
Because the weapons were stored in interline baggage, there was no intention to bring them through Hong Kong customs or to use them unlawfully in Hong Kong, no danger to the public, lawful purchase in the US, intention to deliver to a registered dealer in India, and applicants had unblemished character, the court found this to be a wholly exceptional case and set aside the sentences, ordering absolute discharge; the Lai Shu-piu sentencing guideline does not apply to such circumstances.
20 May 1986
The appellate court held that the sentencing judge erred by inadequate consideration of mitigating factors (notably the real risk the appellant faced in testifying) and of the Crown's failure to place all mitigating facts before the court; the appropriate starting point for this offence was ten years, a 50% discount for the appellant's cooperation and risk reduced that to five years, and the existing four-year sentence was not manifestly inadequate so the appeal was dismissed.