Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repeat offender aggravation

  • 25 Feb 2022

    香港特別行政區 訴 黃麗儀

    Citation
    [2022] HKCFI 549
    Court
    Court of First Instance
    Case number
    HCMA565/2021

    The original sentencing starting points of nine months for each offence were manifestly excessive for low‑value newspaper theft even by a prolific offender; the correct approach was to set proportionate baseline terms (56 days and 70 days), apply a 25% uplift for repeat offending and a one‑third guilty plea reduction, then apply the totality principle to impose consecutive terms totaling 105 days, which warranted immediate release because she had been detained longer.

  • 27 Jul 2020

    HKSAR v. LAM KAI MAN

    Citation
    [2020] HKCA 624
    Court
    Court of Appeal
    Case number
    CACC246/2019

    A defendant seeking the full one‑third plea discount for a plea to a lesser or alternative offence must make a clear, unequivocal and preferably formal plea on the court record (or, if reliance is placed on written offers, demonstrate good reason why the plea was not formally entered and that the position was adhered to thereafter); where the defendant did not do so and continued to dispute issues such as consent and credibility, full discount is not automatic. Applying these principles, the proper discount in this case was 25% and the appropriate enhanced notional sentence after trial would…

  • 8 Mar 2006

    HKSAR v. YUEN WING CHUEN

    Citation
    HKSAR v. YUEN WING CHUEN
    Court
    Court of Appeal
    Case number
    CACC436/2005

    The sentencing judge was entitled to enhance the starting point beyond the top of the Lau Tak-ming suggested band because the appellant's very serious and repeated narcotics convictions aggravated the offence and warranted greater deterrence; midazolam attracted no additional sentence; accordingly the appeal against sentence was dismissed and the sentence upheld.

  • 22 Apr 2002

    HKSAR v. TAM KAM MUN

    Citation
    HKSAR v. TAM KAM MUN
    Court
    Court of Appeal
    Case number
    CACC327/2001

    The Court held the applicant was analogous to a crew member so the appropriate starting point was four years; the vessel's unseaworthiness could not be attributed to him and therefore should not aggravate sentence; the Newton hearing was unnecessary so his guilty plea discount should not be reduced; however his recent similar conviction justified a one-year uplift, producing a sentence of three years and four months.