Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing discounts for assistance

Legal area

Court

1 Sept 2016

HKSAR v. YAU KWOK YIN

Citation

HKSAR v. YAU KWOK YIN
Court

Court of Appeal
Case number

CACC69/2016

Because the applicant gave genuine, substantial post‑first‑instance assistance which directly led to the re‑arrest and guilty plea of the mastermind, and the delay in applying for leave was minimal and satisfactorily explained, time was extended and the applicant was entitled to a 45% discount from the 28‑year starting point, producing a substituted sentence of 15 years 4 months; the earlier activation of the 2‑month suspended sentence was left undisturbed.
8 Feb 2007

HKSAR v. NAWAZ Imran

Citation

HKSAR v. NAWAZ Imran
Court

Court of Appeal
Case number

CACC18/2005

The trial judge misdirected the jury by treating s.47(2) as imposing a persuasive burden on the accused to prove lack of knowledge on the balance of probabilities; that misdirection could have affected the jury and therefore rendered the conviction unsafe. Applying the law as clarified in Hung Chan Wa, the conviction was quashed and a retrial ordered in the interests of justice; bail was granted pending retrial. The Court also assessed sentence mitigation if conviction had stood and fixed a 15‑month reduction for voluntary assistance in the sentencing calculus.