Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing starting points and enhancements

Legal area

Court

31 Dec 2021

HKSAR v. MOHAMMAD FAKHRUL ALFAQIH BIN SAADON

Citation

[2021] HKCA 2023
Court

Court of Appeal
Case number

CACC121/2020

Leave to appeal against conviction was refused because the challenged directions (on lies, suitcase weight and WhatsApp messages) were adequate and any inferences were properly left to the jury; leave to appeal against sentence was granted only on the limited basis that the applicant's NPS contained corroborative information of potential practical use and the Yeung Hoi Ting procedure had not been strictly followed, warranting appellate consideration of sentence credit.
18 Oct 2021

HKSAR v. MUHAMMAD SHEHBAZ (also known as MUHMMAD SAHBAZ and MUHMMAD SHAMBAZ)

Citation

[2021] HKCA 1529
Court

Court of Appeal
Case number

CACC133/2021

Leave to appeal against sentence was refused because the applicants advanced no substantive grounds, the sentencing judge correctly applied established sentencing principles and authorities, and the appeals were patently without merit; the court exercised its power under s83W CPO to order that four weeks of custody awaiting the leave hearing not be reckoned as part of each applicant's sentence (applied to Shehbaz's aggregate sentence).