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Hong Kong decisions
Decisions matching the current search
The Hong Kong Court of Appeal refused leave to appeal against sentence for conspiracy to commit misconduct in public office arising from prison telephone and cigarette contraband.
The Court of Appeal held that sentencing for linked drug manufacturing and trafficking should generally start with the manufacturing count to avoid double-counting, allowing both appeals in part and reducing the sentences.
The Court of Appeal clarified sentencing where trafficking counts arise from the same drug-manufacturing operation, stressing the need to avoid double-counting and to anchor sentence on manufacturing first.
The Court of Appeal refused leave to appeal against sentence for dangerous driving, driving while disqualified, and uninsured driving, upholding 19 months’ imprisonment and 3 years’ disqualification.
The Court of Appeal refused leave to appeal against sentence for theft and burglary, holding that the judge’s starting points, recidivism enhancements, and totality assessment were proper.
The Court of Appeal refused leave to appeal against a 44-month sentence for theft and burglary, holding the judge’s enhancements for repeat offending were justified.
The Court of Appeal dismissed Hui’s conviction appeal and allowed both appellants’ sentence appeals in part, revising sentences for a large cocaine conspiracy and related trafficking counts.
The Court of Appeal upheld Hui’s conviction for conspiracy to traffic cocaine and reduced both appellants’ sentences under revised drug sentencing guidelines.
The court held the sentencing judge did not err in selecting a 15‑month starting point and reducing to 10 months for a guilty plea, but applying the totality principle required that 3 months of that sentence run concurrently with the sentence in DCCC 1314/2023; appeal allowed in part.
Source excerpt
The Court of Appeal granted leave to appeal against sentence on grounds about the quantum of proceeds and manifest excessiveness, but refused leave on knowledge of predicate offence.
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