Hong Kong Case Law: Decisions & Judgments

Topic

Sentence mitigation and aggravation

Legal area

Court

15 Oct 1999

HKSAR v. YIP FUK HUNG

Citation

HKSAR v. YIP FUK HUNG
Court

Court of First Instance
Case number

HCMA514/1999

The appeal is dismissed because the magistrate's adverse credibility findings and inference of responsibility from the appellant's presence and conduct were open on the evidence and not vitiated by error, and the sentence imposed was within the proper Exercise of discretion given the quantity of obscene VCDs and prior similar offences (starting point 12 months but sentence of eight months concurrent upheld).
25 Mar 1999

HKSAR v. RANG ZHI TAI AND ANOTHER

Citation

HKSAR v. RANG ZHI TAI AND ANOTHER
Court

Court of First Instance
Case number

HCMA7/1999

The magistrate was entitled to accept PW3 and the two bus drivers as reliable witnesses; their evidence formed a continuous chain tracing the appellant from the restaurant to his apprehension and thereby established he was one of the group at Delifrance; on those facts the magistrate could properly find the appellant participated in a joint enterprise to steal and the conviction was safe; on sentence the appropriate starting point was adjusted by reference to authority and aggravating professional conduct, reducing each sentence to 18 months imprisonment.
26 Nov 1996

R. v. POON HOI

Citation

R. v. POON HOI
Court

Court of First Instance
Case number

HCMA1083/1996

The magistrate erred by failing to state a starting point, by over-emphasising deterrence and the prison setting as aggravating factors, and by taking previous convictions into account; the proper starting point was nine months' imprisonment and, after discount for the guilty plea, the appropriate sentence was six months' imprisonment to run consecutively to the existing ten-year sentence.

Hong Kong Case Law

HKSAR v. YIP FUK HUNG

HKSAR v. RANG ZHI TAI AND ANOTHER

R. v. POON HOI