Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing starting points and discounts

Legal area

Court

21 Aug 2019

HKSAR v. HAR TSZ YUI

Citation

[2019] HKCA 964
Court

Court of Appeal
Case number

CACC18/2019

Leave to appeal was granted only on the issue of the quantum of enhancement (Ground 2) because the applicant demonstrated a reasonably arguable point that a 7 month (14.89%) uplift might be disproportionate in light of authorities; leave on Ground 1 was refused because the applicant's very serious prior High Court trafficking convictions made enhancement for persistent offending plainly arguable and not unarguable as a matter of law.
25 Nov 2014

HKSAR v. RAWE WAIKAMA MAGARYA

Citation

HKSAR v. RAWE WAIKAMA MAGARYA
Court

Court of Appeal
Case number

CACC215/2014

The forfeiture order was quashed because the judge failed to identify the statutory power relied on, made no factual findings or reasons, and denied the appellant opportunity to give or call evidence on the provenance of the seized cash; forfeiture cannot stand without evidence-based findings and reasons.
19 Mar 1999

HKSAR v. MO SHIU SHING

Citation

HKSAR v. MO SHIU SHING
Court

Court of Appeal
Case number

CACC6/1998

Leave out of time to appeal was refused because, on review of the sentencing judge's extensive reasons and the facts (scale, quantities, mainland connection, ongoing enterprise and applicant's involvement), the 7-year total sentence, although the starting point of nine years was at the high end and the discount arguably generous, was not manifestly excessive nor wrong in principle.
20 Dec 1995

R. v. PUN FUNG LIN

Citation

R. v. PUN FUNG LIN
Court

Court of Appeal
Case number

CACC282/1995

Leave to appeal was refused because no adequate defence was shown to the possession charge, the trial judge's acceptance of prosecution evidence and rejection of the applicant's account on the trafficking charge was unassailable on appeal, and the sentences imposed were within appropriate ranges such that no interference was warranted.

Hong Kong Case Law

HKSAR v. HAR TSZ YUI

HKSAR v. RAWE WAIKAMA MAGARYA

HKSAR v. MO SHIU SHING

R. v. PUN FUNG LIN