Hong Kong Case Law: Decisions & Judgments

Topic

Taking conveyance without authority

Legal area

Court

9 Feb 2018

HKSAR v. YEUNG CHI WA

Citation

[2018] HKCA 73
Court

Court of Appeal
Case number

CACC224/2017

Leave to appeal was refused because it was not reasonably arguable that the trial judge erred in selecting the recognised starting points for sentence, in applying the one‑third plea discount, in ordering concurrent and consecutive sentences pursuant to the totality principle, or in imposing a four‑year disqualification given the prolonged use of a stolen taxi, risk to the public and the applicant's antecedents.
7 Mar 2017

HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU

Citation

HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU
Court

Court of Appeal
Case number

CACC129/2016

The Court held that the screwdriver, as used and displayed by the appellant in the hotel, amounted to a dangerous weapon validating a five-year starting point for robbery; the trial judge's starting points for Charges 1 and 3 were excessive and were reduced (Charge 1 from 12 to 9 months, Charge 3 from 9 to 6 months) with one-third plea discounts applied; the dangerous driving starting point of 24 months was upheld and reduced to 16 months after discount; the appropriate cumulative ordering was that 2 months of the sentences for Charges 1 and 3 run consecutively to the 16 months for Charge 2 a…
28 Jul 2016

HKSAR v. EJIOBU LAZARUS

Citation

HKSAR v. EJIOBU LAZARUS
Court

Court of First Instance
Case number

HCMA334/2016

The magistrate's starting points for each offence, the one-third reduction for guilty pleas and the decision to run custodial sentences concurrently were within principled sentencing bounds based on precedent and the facts; there were no valid grounds to disturb the sentences, so the appeal against sentence is dismissed.
6 Apr 2011

HKSAR v. WU CHI TAI, KENNIS

Citation

HKSAR v. WU CHI TAI, KENNIS
Court

Court of Appeal
Case number

CACC257/2010

The aggregate notional starting point of eight years was manifestly excessive; having regard to the aggravating features and need for deterrence the appropriate notional starting point was six years, producing an overall sentence of four years. The court adjusted the global effect by ordering specified concurrency rather than altering individual offence sentences.
6 Apr 2011

HKSAR v. WU CHI TAI, KENNIS

Citation

HKSAR v. WU CHI TAI, KENNIS
Court

Court of Appeal
Case number

CACC256/2010

The aggregate sentence of five years and four months was manifestly excessive; a notional starting point of six years was appropriate given the aggravating features, producing a total effective sentence of four years. Individual sentences were appropriate and left undisturbed, but the concurrency/consecutive ordering was adjusted to yield an overall term of four years imprisonment.
22 Apr 2004

HKSAR v. LI WING SZE

Citation

HKSAR v. LI WING SZE
Court

Court of Appeal
Case number

CACC528/2003

The conviction was upheld because the presence of the applicant's fingerprints in two distinct, relevant locations within the taxi combined with the driver's account of seat movement provided a permissible and cogent inference of identity sufficient for conviction; the sentences fell within the established range for such offending and the reductions and concurrency decisions were appropriate, so the appeal was dismissed.
19 Nov 1999

HKSAR v. CHUNG LIN HUNG

Citation

HKSAR v. CHUNG LIN HUNG
Court

Court of First Instance
Case number

HCMA945/1999

Because the appellant had two prior convictions for the same offence, including recent community-based disposals, the Magistrate was entitled to impose the six-month sentence and the sentence was not manifestly excessive; the appellate court therefore must not interfere and the appeal is dismissed.
25 Jul 1996

R. v. TAM SIMON

Citation

R. v. TAM SIMON
Court

Court of First Instance
Case number

HCMA489/1996

The appeals court held that the sentences for taking conveyance of 6–12 months after plea were not manifestly excessive in the circumstances and that the Magistrate was entitled to adopt a higher starting point because of repeated similar offending; however one three month theft sentence should run concurrently with a 12 month taking‑conveyance sentence, and part of the activated six month suspended sentence (three months) should run concurrently, producing a revised total effective imprisonment of 25 months.
29 Feb 1996

THE QUEEN v. TSANG KWONG YIN

Citation

THE QUEEN v. TSANG KWONG YIN
Court

Court of First Instance
Case number

HCMA94/1996

The judge found the circumstances (unauthorised use of a friend's motorcycle on a remote road at midnight, posing more danger to the appellant than to others) amounted to special reasons under Cap.272 and therefore reduced the statutory disqualification from 12 months to 3 months.
22 Dec 1992

R. v. YAU SUN-CHOI

Citation

R. v. YAU SUN-CHOI
Court

Court of Appeal
Case number

CACC400/1991

The convictions were upheld because the trial judge gave clear, adequate directions that cured any prejudice from incidental references (including exclusion of the unrelated firearms charge and admonition that cautioned statements apply only to their maker); and the aggregate sentence was lawful and not disparate because the appellant alone was convicted of an additional distinct firearms offence, so the totality principle was properly applied.