Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Post-sentence assistance

  • 15 Jan 2018

    HKSAR v. NG KA HIN

    Citation
    [2018] HKCA 18
    Court
    Court of Appeal
    Case number
    CACC160/2017

    Extension of time was granted because the applicant's post-sentence assistance was known at sentencing, was substantial and in the public interest to reward; the applicant provided instrumental assistance leading to conviction of a principal and is therefore entitled to a 50% reduction from the accepted starting point of 28 years, producing a substituted sentence of 14 years' imprisonment; affirmation and exhibits admitted as fresh evidence and appeal allowed.

  • 15 Nov 2017

    HKSAR v. KILIMA YUSUPH ABBAS

    Citation
    HKSAR v. KILIMA YUSUPH ABBAS
    Court
    Court of Appeal
    Case number
    CACC391/2014

    A formal and deliberate abandonment of an appeal cannot be treated as a nullity merely because post-sentence assistance is later claimed; where assistance is alleged to have occurred after finalisation or abandonment of an appeal, the proper remedy is a petition to the Chief Executive and not reopening the appeal, particularly where the claimed assistance concerns a foreign jurisdiction and the applicant has not discharged the onus of proving its value.

  • 7 Dec 2016

    HKSAR v. NDUNGU RAHAB WANJIRU

    Citation
    HKSAR v. NDUNGU RAHAB WANJIRU
    Court
    Court of Appeal
    Case number
    CACC64/2016

    Apply established sentencing guidelines: starting point 20 years for 700g heroin, plus one year for international element to give 21 years, apply full one-third discount for guilty plea to reach 14 years 4 months; post-sentence assistance of the kind involved is for the executive to assess and does not justify appellate intervention—therefore refuse leave to appeal and affirm sentence.

  • 5 Aug 2004

    HKSAR v. W

    Citation
    HKSAR v. W
    Court
    Court of Appeal
    Case number
    CACC527/2003

    Where a convicted person gives substantial post-sentence assistance promptly and there are satisfactory explanations for delay, the Court will extend time to file an application for leave to appeal and assess the merit of the sentencing mitigation; the court may reduce the sentence accordingly rather than require exclusive recourse to Executive remission. Applying those principles, time was extended, leave granted and sentence reduced from 6 years 8 months to 4 years 6 months imprisonment.

  • 21 Oct 2003

    HKSAR v. CHENG CHONG SHING

    Citation
    HKSAR v. CHENG CHONG SHING
    Court
    Court of Appeal
    Case number
    CACC100/2003

    The court held that the appellant was entitled to a reduction in sentence for the cooperation he provided to the ICAC and for fulfilling, so far as possible, his promise to assist, but the reduction should be limited because his assistance did not amount to 'supergrass' value nor did he face proved danger; accordingly the court ordered one sentence (charge 3) to run concurrently with charge 1, reducing total imprisonment from 2 years 8 months to 2 years.