Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Timing of pleas
  • 2 Sept 2016

    HKSAR v. ABDOU MAIKIDO ABDOULKARIM

    Citation
    HKSAR v. ABDOU MAIKIDO ABDOULKARIM
    Court
    Court of Appeal
    Case number
    CACC327/2015

    The Court held that ordinary cooperation/voluntary confessions which lead to charges are generally subsumed within the one-third discount for a timely guilty plea; strength of prosecution is not a factor; the Court revised sentencing practice to adopt tiered discounts by timing (one-third at committal/early plea; 25% between committal and fixed trial dates; 20% on first day of trial; lesser during trial) while preserving judicial discretion; appeals: Ngo’s appeal dismissed; Abdou’s appeal allowed in part because judge reduced the discount without alerting defence, sentence reduced from 18 to…