Hong Kong Case Law: Decisions & Judgments

Topic

Starting point of sentence

Legal area

Court

31 Mar 2011

HKSAR v. LEE SIN SEANG

Citation

HKSAR v. LEE SIN SEANG
Court

Court of Appeal
Case number

CACC341/2010

Extension of time refused because delay exceeded five years, applicant offered unsatisfactory explanations, and the intended grounds of appeal lacked merit: the guilty plea and admitted facts supported joint enterprise; the starting point of 24 years for over 4,900g methamphetamine was within the recognized range and not excessive; foreignness did not materially mitigate. Accordingly leave to appeal out of time was dismissed.
2 Nov 2005

HKSAR v. POON TAK LOK

Citation

HKSAR v. POON TAK LOK
Court

Court of Appeal
Case number

CACC323/2005

The Court held the Deputy Judge did not err in principle in adopting a starting point within the recognized guideline bands based on the amount stolen and position of trust, that a 50% discount for early guilty plea and full restitution was appropriate, and that immediate imprisonment of 19 months was a proper and not manifestly excessive sentence; the appeal was dismissed.
13 Dec 2002

HKSAR v. LAM KWAI WA

Citation

HKSAR v. LAM KWAI WA
Court

Court of First Instance
Case number

HCMA1078/2002

The magistrate's adoption of a six-month starting point represented an excessive enhancement (approximately 100%) over the proportionate starting point of three months for this low-value shop theft; given the appellant's persistent record a moderate enhancement of about 25% to 15 weeks, reduced to 10 weeks for the guilty plea, was appropriate. Accordingly the court allowed the appeal and substituted a sentence of 10 weeks' imprisonment for the 4 months originally imposed.
28 Nov 2001

HKSAR v. LEUNG YAM CHEUNG

Citation

HKSAR v. LEUNG YAM CHEUNG
Court

Court of First Instance
Case number

HCMA1097/2001

Given the appellant's extensive and relevant criminal record demonstrating professional pickpocketing and the failure of earlier sentences to deter him, the magistrate's adoption of a two-year starting point was appropriate and the appeal against sentence was dismissed.
24 Nov 1999

HKSAR v. LO SHIU WAH

Citation

HKSAR v. LO SHIU WAH
Court

Court of Appeal
Case number

CACC399/1999

The trial judge erred in using 24 months as the starting point; given the amount stolen and lack of aggravation the proper starting point was 12 months, and because the applicant had absconded and only belatedly faced charges the usual one‑third plea discount was appropriately reduced to one‑quarter, producing a final sentence of nine months' imprisonment.
31 Mar 1998

HKSAR v. MA KAM BIU

Citation

HKSAR v. MA KAM BIU
Court

Court of Appeal
Case number

CACC764/1997

The Court held that the 33 month starting point was appropriate for the serious, professionally executed handling offence and that a 20% guilty plea discount was justified given the late plea, the defendant's absconding and his serious criminal record; the application for leave to appeal against sentence was therefore refused.

Hong Kong Case Law

HKSAR v. LEE SIN SEANG

HKSAR v. POON TAK LOK

HKSAR v. LAM KWAI WA

HKSAR v. LEUNG YAM CHEUNG

HKSAR v. LO SHIU WAH

HKSAR v. MA KAM BIU