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Hong Kong decisions
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Leave to appeal against sentence was refused in a robbery case involving an imitation firearm, planned conduct, and a 14-year starting point reduced for a late plea.
Appellate court found the original sentencing starting points were excessive given the totality of evidence and applicable sentencing methodology; it revised the starting points (count 1 to 12 months, count 2 to 15 months), applied the appropriate reductions for plea and limited mitigation for self‑surrender and adjusted for repeat offending, ordered counts 1 and 2 to run concurrently (operative concurrent term 8 months) with partial concurrency for counts 3 and 4, and reduced the aggregate sentence from 13 months to 10 months while maintaining disqualification periods and the fine.
Source excerpt
Court of Appeal refused leave to appeal against sentence for conspiracy to traffic cocaine, finding no reasonably arguable challenge to the sentence.
The Court of Appeal reduced Leung Wai Kin’s sentence for conspiracy to defraud after finding the original starting point overstated his role and his NPS assistance deserved some credit.
The Court of Appeal dismissed a sentence appeal in a vehicle theft case, holding that the 4-year term and 3-year driving disqualification were not manifestly excessive.
The Court of Appeal granted leave to appeal against sentence on selected grounds in an attempted murder case, but refused grounds about authorities and plea timing.
The Court of Appeal refused leave to appeal sentence, finding no error in the starting points, police-bail enhancement, guilty plea reduction, or totality adjustment.
Court of Appeal upheld a 26-month sentence for burglary of occupied rooftop premises, rejecting arguments for a lower starting point and no Form 8 enhancement.
The Court of Appeal granted leave to appeal against a 5-year sentence for internet fraud, handling stolen goods and identity-card use, with appeal aid granted.
The Court of Appeal granted leave to appeal against a 5-year sentence for internet fraud and related offences, finding arguable issues on starting points, totality and sentence uplift.
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