Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Theft from vehicle

  • 18 Aug 2022

    HKSAR v. TARSEM SINGH

    Citation
    [2022] HKCFI 2548
    Court
    Court of First Instance
    Case number
    HCMA363/2021

    The Court found the magistrate's aggregate sentence of 34 months to be manifestly excessive. Applying the correct methodology—identifying appropriate starting points for individual offences, enhancing for prior convictions and Form 8 status, then applying mitigation and the totality principle—the correct overall sentence is 26 months imprisonment. The Form 8 status is an aggravating factor and the totality principle required reduction from the magistrate's structure to achieve a just and balanced overall term.

  • 25 Jul 1996

    R. v. TAM SIMON

    Citation
    R. v. TAM SIMON
    Court
    Court of First Instance
    Case number
    HCMA490/1996

    The court held that the sentences imposed for taking conveyance (6–12 months after plea) were not manifestly excessive in principle given the appellant's repeated similar offences and lack of remorse; the Magistrate was entitled to use deterrence as a sentencing factor and to activate the suspended sentence, but to respect the totality principle one of the three‑month theft sentences should run concurrently with a 12‑month taking‑conveyance sentence and three months of the activated six‑month suspended sentence should run concurrently, reducing the effective total to 25 months.

  • 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.