5 Dec 2014
The appeal was allowed because, on the evidence available, the custodial element (even suspended) was disproportionate: the occupation (30 sqm) and available particulars about the fish tank and placement did not demonstrate sufficient aggravation to justify a custodial sentence for a first offender with a low risk of reoffending; a fine sufficed to meet sentencing objectives.
30 Oct 2012
Leave to appeal out of time was refused because the applicants offered no acceptable explanation for the three year delay and their proposed grounds lacked merit; the starting point of 24 years was justified given the very large quantity of heroin (1,956.43g) under Lau Tak Ming, and a 25% discount was appropriately applied because the guilty pleas in the retrial were not timely and the sentencing judge’s discretion was properly exercised.
20 Aug 1999
The Court refused leave to appeal because the judge's aggregate starting point and ultimate sentence were within the permissible sentencing range: the totality principle justified an overall sentence equating to a 10-year starting point given the sustained breach of trust and large losses, the judge properly applied mitigation, and reference to Clark did not constitute legal error.
17 Jul 1997
The substituted sentence of three months' imprisonment suspended for two years was set aside because the Magistrate imposed imprisonment solely because the appellant could not pay the fine, contrary to the principle that sentencing must not punish poverty and must be appropriate to the offence.
15 Feb 1996
The learned judge followed existing authorities (R. v. Ghazanfar Iqbal and R. v. Shamim Nawaz) holding that for the offence of possession of another person's identity card a three-month sentence was appropriate and therefore reduced the appellants' sentences from 15 months to three months.
20 Jun 1984
The Court held that the original sentence of 9 months was manifestly inadequate for possession of an unlicensed firearm; having regard to precedent and balancing mitigation (accidental injury, guilty plea and personal circumstances) the Court substituted a sentence of 3 years' imprisonment.