Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Previous convictions enhancement
  • 11 Feb 2021

    HKSAR v. SO YAT TING

    Citation
    [2021] HKCA 179
    Court
    Court of Appeal
    Case number
    CACC175/2019

    The Court held the judge did not misapply his discretion in awarding a 20% discount for a guilty plea indicated eight days before trial given the appellant knew his phone had been seized and had actual knowledge of his conduct, but the judge failed to appropriately apply the totality principle when aggregating enhancements for the international element and prior conviction; the sentence was therefore reduced by five months to correct the aggregate sentence to one that is not crushing.