Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Substitution of conviction (s83a cpo)

Legal area

Court

22 Oct 2018

HKSAR v. WONG PUI WO KENNY

Citation

[2018] HKCA 718
Court

Court of Appeal
Case number

CACC146/2017

Paragraph 8 of the Admitted Facts, which estimated market value using average retail price per gram without regard to the unusually low purity of the sample, was inaccurate and materially influenced the trial judge’s inference of trafficking; because the prosecution failed to disclose relevant purity/price information, the conviction for trafficking was unsafe and must be quashed; substitution to a possession conviction under s83A CPO was appropriate and the appellant was sentenced for possession, with a non‑custodial fine imposed due to exceptional circumstances created by the mandatory DATC…
26 Feb 2009

HKSAR v. LAI WANG AND ANOTHER

Citation

HKSAR v. LAI WANG AND ANOTHER
Court

Court of Appeal
Case number

CACC389/2007

The Court held that on the jury's findings the facts proved grievous bodily harm and that section 83A permitted substitution of the conviction to causing grievous bodily harm with intent; the trial judge was entitled to prefer PW1's account that D2 placed the victim in a headlock and that D1 and D2 repeatedly punched his head and face, from which intent to cause really serious injury (GBH) could properly be inferred; sentencing was appropriate and discounts unjustified or excessive were not interfered with.