Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing reduction

Legal area

Court

14 Feb 2017

HKSAR v. DJENEPO, SEKOU OUSMANE

Citation

HKSAR v. DJENEPO, SEKOU OUSMANE
Court

Court of First Instance
Case number

HCMA656/2016

The court accepted that the Magistrate's starting point for the travel document offence was excessive given the absence of evidence the document was used; the respondent's identified reduction to 9 months was viable and just, so the appellate court reduced the travel document sentence to 9 months and ordered it to run concurrently with the 2 month overstay sentence, producing an overall sentence of 9 months.
10 May 2013

HKSAR v. ATA ASAF

Citation

HKSAR v. ATA ASAF<br>
Court

Court of Appeal
Case number

CACC445/2012

The Court found the 2-year sentence manifestly excessive given the judge's finding that the appellant had no proven intention that the cards be used for fraudulent purposes; his culpability was limited to possession with knowledge that they were forged, the risk of further fraud was reduced by likely account blocking, and mitigating factors did not justify 2 years. The Court quashed the 2-year sentence and substituted 18 months imprisonment.
29 Mar 2010

HKSAR v. NG CHI LUNG

Citation

HKSAR v. NG CHI LUNG
Court

Court of First Instance
Case number

HCMA76/2010

The magistrate's imposition of a 12 month driving disqualification was manifestly excessive in all the circumstances; having regard to the appellant's conduct, driving record and completion of the driving improvement course under s72A(1)(b), a 6 month disqualification was appropriate, and the appeal is allowed to that extent while other sentences are upheld.
11 Aug 2009

HKSAR v. MOHAMMED, EJAJ AHMED

Citation

HKSAR v. MOHAMMED, EJAJ AHMED
Court

Court of First Instance
Case number

HCMA415/2009

The appeal was allowed in part because the appellant suffered prejudice when 112 days in custody for a related, earlier proceeding were not taken into account; the court reduced the sentences to reflect that remand period and to achieve a just totality, imposing 8 months on each charge with 2 months of the second sentence to run consecutive, for an overall term of 10 months imprisonment.
25 Aug 1999

HKSAR v. LEUNG KAM FUNG

Citation

HKSAR v. LEUNG KAM FUNG
Court

Court of First Instance
Case number

HCMA617/1999

Given the low degree of excess (37%), the minor accident with no injury, absence of causation by alcohol, the appellant's clear record and guilty plea, the appropriate period of disqualification is reduced from 18 months to 12 months while other penalties remain.
18 Jul 1997

HONG KONG SPECIAL ADMINISTRATIVE REGION v. CHAU Ping-ping

Citation

HONG KONG SPECIAL ADMINISTRATIVE REGION v. CHAU Ping-ping
Court

Court of First Instance
Case number

HCMA571/1997

Because the appellant was pregnant and would give birth in prison if required to serve the full term, the court exercised clemency by setting aside the 15-month sentence and substituting a four-month term to prevent a child being born in custody; the magistrate's original assessment was not criticised but the reduction was justified by the unborn child's interests.
17 Jan 1996

R. v. MOHAMMAD ARSHAD

Citation

R. v. MOHAMMAD ARSHAD
Court

Court of First Instance
Case number

HCMA1205/1995

The court reduced the sentence to permit immediate release as an exercise of judicial mercy based on the appellant's compassionate grounds (wife's illness) and the short remaining term, notwithstanding that the original sentence was acknowledged to be generously light.
14 Jun 1995

R. v. WONG CHING CHA

Citation

R. v. WONG CHING CHA
Court

Court of First Instance
Case number

HCMA200/1995

The appellate court accepted that while there were no special humanitarian grounds warranting full mitigation, the appellant's first-time entry and extremely short stay justified reducing the sentence to enable her prompt return to China; the appeal was allowed to the extent of reducing the sentence to facilitate repatriation.
22 Mar 1995

R. v. FONG FU CHUNG

Citation

R. v. FONG FU CHUNG
Court

Court of Appeal
Case number

CACC386/1994

The Court found the trial judge misapprehended the safety element (the cement's strength matched the misrepresented standard) and on correct facts the appropriate sentence for each conspiracy count was 15 months imprisonment; third and fourth counts of 6 months each remain undisturbed and all sentences run concurrently, producing a total effective sentence of 15 months.
12 Oct 1994

FUNG SHUI KUEN v. R.

Citation

FUNG SHUI KUEN v. R.
Court

Court of Appeal
Case number

CACC437/1994

The trial judge properly identified a three-year starting point and reduced it to 18 months after considering mitigation; the Court accepted availability of necessary medical care but, solely on humanitarian grounds given the applicant's serious illness, reduced the sentence further to 12 months; the offence was premeditated and an abuse of trust and the sentence should not be suspended.