Hong Kong Case Law: Decisions & Judgments

Topic

Sentence enhancement under osco

Legal area

Court

16 May 2012

HKSAR v. NGUYEN ANH CUONG

Citation

HKSAR v. NGUYEN ANH CUONG
Court

Court of Appeal
Case number

CACC414/2011

The Court dismissed the appeal: the sentence was not manifestly excessive. The judge properly applied a one third enhancement under OSCO for organised offending, validly fixed starting points (including a high starting point for repeated breach of a deportation order), and applied a generous one third discount for late guilty pleas; the overall sentence of 64 months imprisonment was justified and upheld.
4 Oct 2005

HKSAR v. LAM WAI YIP HUGO

Citation

HKSAR v. LAM WAI YIP HUGO
Court

Court of Appeal
Case number

CACC64/2005

The conviction stands because the trial judge lawfully applied the burden and standard of proof and reasonably preferred PW1's evidence over the Applicant's and defence witnesses; the 50% enhancement under s.27 OSCO was justified by the increase in volume of counterfeit notes and by precedent.
8 Apr 2005

HKSAR v. PHAM NGOC TRINH

Citation

HKSAR v. PHAM NGOC TRINH
Court

Court of Appeal
Case number

CACC439/2004

The starting point of 30 months was appropriate given the crowded location and the applicant's very poor record; reducing that by one‑third for the guilty plea produced 20 months, and the correct, proportionate enhancement under OSCO in this case is one‑third (not 50%), producing a final sentence of 26 months; accordingly leave to appeal is granted and the sentence is reduced from 30 to 26 months imprisonment.
17 Dec 2004

HKSAR v. LIAO MEI AND OTHERS

Citation

HKSAR v. LIAO MEI AND OTHERS
Court

Court of Appeal
Case number

CACC432/2004

Where pickpocketing is committed by an organised, professional gang operating in a crowded place the court may adopt a higher starting point (here 30 months was justified); a guilty plea reduction of one-third was properly applied; however a 50% OSCO enhancement was excessive in the circumstances and should be reduced to an enhancement of roughly one-third, resulting in substituted sentences of 26 months imprisonment for each appellant.

Hong Kong Case Law

HKSAR v. NGUYEN ANH CUONG

HKSAR v. LAM WAI YIP HUGO

HKSAR v. PHAM NGOC TRINH

HKSAR v. LIAO MEI AND OTHERS