Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing tariffs

Legal area

Court

11 Aug 2014

HKSAR v. CHEUK HAU CHUNG

Citation

HKSAR v. CHEUK HAU CHUNG
Court

Court of First Instance
Case number

HCCC341/2013

Judge applied the combined approach using ice (36.59 g) as the primary base, adopted an overall starting point of 10 years to reflect multiple drugs and wider market culpability, allowed a 15% reduction for partial self-consumption, then reduced the resulting terms by one-third for the guilty plea, and applied the totality principle by ordering 5 months of Count 1 to run consecutively to Count 2 to produce an overall sentence of 5 years 6 months imprisonment.
8 Apr 2014

HKSAR v. CHAN YUK LEONG

Citation

HKSAR v. CHAN YUK LEONG
Court

Court of Appeal
Case number

CACC318/2013

The upward adjustment of three years to the starting point was manifestly excessive. Cross‑checking by the absurdity, conversion and ratio tests showed a 9‑year sentence after trial was appropriate for count 1; after a one‑third discount for plea the appropriate sentence is 6 years 4 months. There was insufficient evidence of increased potency from mixing or other aggravating features to justify a higher upward adjustment.
6 Jun 2013

HKSAR v. PAU KING KONG

Citation

HKSAR v. PAU KING KONG
Court

Court of Appeal
Case number

CACC465/2012

The trial judge correctly identified individual starting points but erred in his method of aggregating across charges and ordering part of a sentence consecutive so as to manufacture an overall total without properly applying the totality principle and considering offender circumstances; accordingly the sentences were quashed and substituted to reflect each offence's added culpability and overall totality, and extension of time to seek leave to appeal was granted.
19 Oct 2011

HKSAR v. WONG KA LUN

Citation

HKSAR v. WONG KA LUN
Court

Court of Appeal
Case number

CACC294/2010

The Court held that the judge correctly applied the Lau Tak Ming tariff for 16.32g of cocaine and that the 5 year sentence was within the appropriate band, but on the facts and under the Z v HKSAR principle a reduction of three months was warranted; appeal allowed in part and sentence reduced to 4 years 9 months imprisonment.
30 Sept 2011

HKSAR v. FAN KING LAM

Citation

HKSAR v. FAN KING LAM
Court

Court of Appeal
Case number

CACC220/2010

The court dismissed the application for leave to appeal. The sentencing judge was not biased; the starting point of 7 years 9 months for 25.79 grams of the primary drug was appropriate (AG v Ching Kwok Hung) and a 9 month upward adjustment for other drugs was justified; the guilty plea merited a one third reduction yielding 5 years 8 months for the trafficking count; 12 months for possession of identity cards relating to another person is an appropriate starting point for the second count even for a Hong Kong permanent resident; consecutive terms were proper; the aggregate sentence of 6 years…
6 Jan 2010

HKSAR v. PRAKASH THAPA

Citation

HKSAR v. PRAKASH THAPA
Court

Court of First Instance
Case number

HCMA939/2009

The Court held the magistrate's concurrent 15 month sentences fell within established sentencing tariffs for the offences and were not excessive; the appellant's personal and family circumstances did not justify reducing the sentence, and the appeal was dismissed.
2 Dec 2008

HKSAR v. LAU SHING TAK

Citation

HKSAR v. LAU SHING TAK
Court

Court of Appeal
Case number

CACC196/2008

The trial judge's 24-year aggregate starting point for the mixed cocaine/ketamine quantity was manifestly excessive; a 21-year starting point was appropriate for the combined quantities, and applying the one-third reduction for the guilty plea results in a substituted sentence of 14 years imprisonment; the applicant's contention of lack of knowledge of nature/quantity has no merit.
8 Mar 2005

HKSAR v. YEUNG KAM CHUN

Citation

HKSAR v. YEUNG KAM CHUN
Court

Court of Appeal
Case number

CACC427/2004

Sentencing discretion permits enhancement for latent risk after assessment of full circumstances; where offences are closely linked the court may order partial concurrency; tariffs like Ching Kwok Hung are guides and do not preclude lower starting points for very small quantities; applying those principles the court reduced and substituted the aggregate sentence to reflect a six-month partial concurrency and concurrency for the third count.
6 Aug 2004

HKSAR v. CHENG WING SHUI

Citation

HKSAR v. CHENG WING SHUI
Court

Court of Appeal
Case number

CACC169/2004

The Court upheld the judge's application of a 12‑year starting point for trafficking 261.86g of heroin and the reduction of one‑third for the guilty plea to 8 years; the appellant's advanced age, poverty, indebtedness and claim of being used by others did not constitute sufficient mitigation to reduce the sentence further, and the application for leave to appeal against sentence was dismissed.
15 Aug 2002

HKSAR v. FAN YAU CHIT

Citation

HKSAR v. FAN YAU CHIT
Court

Court of First Instance
Case number

HCMA567/2002

The magistrate correctly applied the appropriate sentencing tariffs and a guilty plea discount, lawfully imposed 15 months for unlawful entry and 10 months (with 8 months ordered to run consecutively) for theft, considered the totality principle and concluded the aggregate of 23 months was not excessive; the appellate court agreed and dismissed the appeal.