Hong Kong Case Law: Decisions & Judgments

Topic

Sentence excessive

Legal area

Court

26 Aug 2014

HKSAR v. CHAN LEK SUN also known as CHAN LEK KAN

Citation

HKSAR v. CHAN LEK SUN also known as CHAN LEK KAN
Court

Court of Appeal
Case number

CACC188/2014

The sentences were upheld because the offences were particularly serious and premeditated, committed by multiple armed attackers in a concerted attack in a public place; the judge's choice of a seven-year starting point per count, application of a one-third discount for guilty pleas, and ordering of concurrent terms produced sentences that were not manifestly excessive.
13 Feb 1987

THE QUEEN v. YIP YUEN CHING

Citation

THE QUEEN v. YIP YUEN CHING
Court

Court of Appeal
Case number

CACC615/1986

The trial judge failed to give proper attention to the probation and Correctional Services reports and to consider section 109A for a 19‑year‑old; consequently the 4‑year prison sentence was unduly harsh and must be substituted with detention in a training centre.
23 Sept 1970

CHUI KWAI WING AND OTHERS v. THE QUEEN

Citation

CHUI KWAI WING AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC475/1970

The sentences of nine months imprisonment were manifestly excessive given the facts and largely clean records of the appellants; the correct course was to quash the custodial sentences and release the appellants conditionally under Section 36 of the Magistrates Ordinance on bonds of good behaviour for 12 months, each in recognizance of $250.
31 May 1969

SUEN CHEUNG TSAN v. THE QUEEN

Citation

SUEN CHEUNG TSAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC191/1969

Majority refused to interfere with the trial judge's sentence because he had properly considered and given due weight to mitigation, but the gravity of a series of 22 embezzlements totalling $134,000 over about a year warranted the sentence; absent demonstrable error the appellate court will not disturb sentencing discretion.

Hong Kong Case Law

HKSAR v. CHAN LEK SUN also known as CHAN LEK KAN

THE QUEEN v. YIP YUEN CHING

CHUI KWAI WING AND OTHERS v. THE QUEEN

SUEN CHEUNG TSAN v. THE QUEEN