Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory maximum

  • 4 Apr 2001

    HKSAR v. CHEUNG KWOK KAY

    Citation
    HKSAR v. CHEUNG KWOK KAY
    Court
    Court of Appeal
    Case number
    CACC377/2000

    The Court held that the 12-year starting point for manslaughter was not manifestly excessive and an eight-year sentence for manslaughter was appropriate given the organised, premeditated triad attack and the applicant's significant role as lookout; however the concurrent five-year sentences for the unlawful wounding counts exceeded the statutory maximum under s19 Cap.212 and must be quashed and substituted with three-year sentences to run concurrently, leaving the overall effective sentence unchanged.

  • 23 Feb 1994

    NAVEED KHALIG v. R.

    Citation
    NAVEED KHALIG v. R.
    Court
    Court of Appeal
    Case number
    CACC611/1993

    The two-year sentence on the first count was wrong in principle because the judge did not allow a proper discount for the early guilty plea given the minimal quantity (0.34g) and the circumstances of an isolated sting; the appropriate sentence is 18 months on the first count. The one-year sentence on the second count was not disturbed.