Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prior conviction as aggravation

Legal area

Court

7 Jan 2011

HKSAR v. WONG YUN WAN

Citation

HKSAR v. WONG YUN WAN
Court

Court of Appeal
Case number

CACC385/2010

The Court dismissed the appeal and affirmed the sentence of 10 months imprisonment on each charge to run concurrently because the threats were serious, the appellant had demonstrated capability and intent, his prior related conviction aggravated the offence, and although guilty plea and psychiatric condition warranted mitigation they did not remove responsibility or the need to protect the public; the sentence was appropriate and merciful in all circumstances.
26 Jul 2001

HKSAR v. WU HUI WEN

Citation

HKSAR v. WU HUI WEN
Court

Court of First Instance
Case number

HCMA576/2001

The appeal was dismissed because the sentencing judge acted within permissible discretion: the gravity of identity‑forgery offences, difficulty of detection, societal harm, and the appellant's prior similar conviction justified enhancing the normal starting point to 18 months; absence of explicit credit for not producing the card did not render the sentence manifestly excessive.