Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 27 osco

  • 30 Nov 2011

    HKSAR v. PADILLA GERARDO GONZAGA AND OTHERS

    Citation
    HKSAR v. PADILLA GERARDO GONZAGA AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC275/2011

    The court held the OSCO enhancement under s.27 could not validly be applied because the prosecution relied on a single Schedule 1 act (the theft) and did not establish two or more scheduled offences; accordingly the court set aside the OSCO enhancement, re-assessed aggravating features and fixed appropriate sentences (starting point of four years, reduced for guilty pleas to two years eight months for D1, D3 and D4).

  • 28 Sept 2004

    HKSAR v. NGO VAN HUY

    Citation
    HKSAR v. NGO VAN HUY
    Court
    Court of Appeal
    Case number
    CACC107/2004

    The Court found the trial judge had engaged in some double counting and misapplied the methodology. The correct approach: adopt a starting point of 15 months for this offence, impose a substantial uplift of 9 months for the appellant's appalling and persistent record of like offences (to achieve deterrence and protect society), and account for the crowded location as an aggravating feature within the assessment. Enhancement under s27 OSCO is permissible when prevalence is proved but must be applied at the final stage. Applying this methodology the appropriate sentence is 24 months imprisonmen…