Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Snatching

Legal area

Court

19 Mar 2013

HKSAR v. YEUNG KAM TUNG

Citation

HKSAR v. YEUNG KAM TUNG
Court

Court of Appeal
Case number

CACC427/2012

For this factual matrix the appropriate starting point was 12 months imprisonment, a limited enhancement of 3 months was justified by the offender's history (to 15 months), and after applying a one‑third discount for the guilty plea the proper sentence is 10 months imprisonment; the trial judge erred by failing to identify a starting point and by imposing a manifestly excessive sentence which was quashed and substituted.
15 Jun 2007

HKSAR v. LEE CHI MAN

Citation

HKSAR v. LEE CHI MAN
Court

Court of Appeal
Case number

CACC387/2006

Leave to appeal was refused because the Court held the sentencing judge's starting point and partial consecutive sentences were justified by the Applicant's significant prior record and the force used in snatching necklaces; the judge was not obliged to adopt or explain departure from Chan and the total sentence of 3 years 4 months was not excessive.
5 Aug 1971

TAM LIN v. THE QUEEN

Citation

TAM LIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC476/1971

The appeal was allowed because the magistrate, despite stating he took the guilty plea into account, in fact gave no credit for it; sentencing must reflect guilty pleas and the sentence was reduced from 18 months to 14 months imprisonment.