Hong Kong Case Law: Decisions & Judgments

Topic

Use of prior convictions in sentencing

Legal area

Court

22 Aug 2018

HKSAR v. KWAN MING HO

Citation

[2018] HKCA 540
Court

Court of Appeal
Case number

CACC199/2017

The application for leave to appeal was refused because the sentencing judge lawfully applied appropriate starting points, discounts and the totality principle; the two month assistance discount and the decision to order nine months of the tenth month consecutive were within reasonable sentencing discretion given the applicant's serious criminal record and the separate, serious nature of the incidents, so the overall sentence was not manifestly excessive.
30 Dec 2004

HKSAR v. LEI CHUN FAI

Citation

HKSAR v. LEI CHUN FAI
Court

Court of First Instance
Case number

HCMA1183/2004

The Court held the magistrate did not err: the sentences (six months for stealing an intercom from a hospital and two months for theft while on bail) were within legitimate sentencing choices, the magistrate properly considered seriousness, mitigation and the appellant's extensive prior record, and consecutive service was justified because the offences were distinct; the appeals were dismissed.
26 Nov 1996

R. v. POON HOI

Citation

R. v. POON HOI
Court

Court of First Instance
Case number

HCMA1083/1996

The magistrate erred by failing to state a starting point, by over-emphasising deterrence and the prison setting as aggravating factors, and by taking previous convictions into account; the proper starting point was nine months' imprisonment and, after discount for the guilty plea, the appropriate sentence was six months' imprisonment to run consecutively to the existing ten-year sentence.

Hong Kong Case Law

HKSAR v. KWAN MING HO

HKSAR v. LEI CHUN FAI

R. v. POON HOI