Hong Kong Case Law: Decisions & Judgments

Topic

Starting point guidelines

Legal area

Court

23 Jan 2017

HKSAR v. LAM HOI

Citation

HKSAR v. LAM HOI
Court

Court of Appeal
Case number

CACC105/2016

The court allowed the appeal, holding that the judge erred in treating shops open to the public as 'private premises' for applying a 6 year starting point under Mo Kwong Sang and in failing to allow adequate mitigation for the appellant's genuine surrender; the court adopted a tailored starting point of 6 years per offence (after enhancement for convenience-store aggravation), applied a one-third guilty-plea discount to 4 years, further reduced each count by 4 months for surrender to 3 years 8 months, and fashioned concurrent/consecutive orders to reach a global sentence of 5 years (ordering…
25 Sept 2008

HKSAR v. MTWAZI CARLOS ADAM

Citation

HKSAR v. MTWAZI CARLOS ADAM
Court

Court of Appeal
Case number

CACC299/2007

The Court held that the judge's starting point of 24 years was appropriate for the quantity of heroin involved; a one‑third reduction for a timely guilty plea to reach 16 years was correct; the applicant's age and foreign status did not justify further reduction; therefore the sentence was not wrong in principle or manifestly excessive and leave to appeal was refused.
17 Dec 2004

HKSAR v. LIAO MEI AND OTHERS

Citation

HKSAR v. LIAO MEI AND OTHERS
Court

Court of Appeal
Case number

CACC432/2004

Where pickpocketing is committed by an organised, professional gang operating in a crowded place the court may adopt a higher starting point (here 30 months was justified); a guilty plea reduction of one-third was properly applied; however a 50% OSCO enhancement was excessive in the circumstances and should be reduced to an enhancement of roughly one-third, resulting in substituted sentences of 26 months imprisonment for each appellant.

Hong Kong Case Law

HKSAR v. LAM HOI

HKSAR v. MTWAZI CARLOS ADAM

HKSAR v. LIAO MEI AND OTHERS