Criminal

An opportunity to review the current sentencing practice in drug trafficking cases presented itself to the Court of Appeal (Hon Lunn VP, Macrae VP and McWalters JA) in HKSAR v Kilima Abubakar Abbas [...
November 2018
Criminal sentencing - wounding with intent - defendant attacked friend by biting off part of his ear necessitating reconstructive surgery - victim suffered emotional trauma as result - offence not...
November 2018
Proceedings currently before Hong Kong courts will determine whether and how regulators can use anti-fraud provisions of the Securities and Futures Ordinance to sidestep the limitations of specific...
August 2018
Criminal law and procedure - sexual offences - indecent assault, contrary to s.122 - indecent acts with girl aged 13 but whom defendant believed was aged 17 - defence of honest and reasonable belief...
July 2018
Criminal sentencing — computation of sentences of imprisonment — whether (a) period of administrative detention; and (b) period in remand in relation to other offences of which defendant not...
July 2018
Criminal evidence - expert evidence - admissibility - testimony of specialist psychiatrist on consumption rates of certain drugs in Hong Kong - whether testimony relevant and reliable - whether...
July 2018
After 10 years of protracted court battles, the Plaintiff in Chun Sang Plastics Company Limited v Commissioner of Police & Secretary for Justice [2018] HKCFI 661 was finally awarded...
July 2018
Criminal law and procedure — personal data privacy offences — elements of offence — proof of mens rea not required — offence of strict liability — whether communication “direct marketing” — whether...
July 2018
The four classical principles of sentencing enumerated by Lawton LJ in James Henry Sergeant (1974) 60 Cr App R 74 “retribution, deterrence, prevention and rehabilitation” are drawn upon once an...
July 2018
Criminal law and procedure — jury — discharge of juror — juror sought out celebrity-public supporter of defendant who had expressed antipathy towards prosecution and views on merits of case on...
June 2018
Appeal grounds – appeal procedure In Wiwik Lestari, Counsel for the Applicant had advanced 10 grounds of appeal. The Court had not found it necessary to invite the Prosecution to reply to any...
May 2018
Dangerous drugs – trafficking - knowledge The Applicant was convicted after trial of trafficking in 572 grammes of cocaine. The issue at trial was the Applicant’s knowledge that she was carrying...
May 2018
Criminal sentencing — road traffic offences — speeding — defendant pleaded guilty to charge which did not specify exact speed of vehicle alleged — whether magistrate had power to conduct Newton...
April 2018
Criminal law and procedure — possession of offensive weapon in public place — chilli spray — not offensive weapon per se — whether offensive weapon on basis intended for purpose of causing injury to...
April 2018
Criminal law and procedure — costs — taxation — guidance for drafting of bills for criminal matters — basis of taxation — appropriate hourly rates — approach where government counsel did work of both...
April 2018
Criminal Sentencing - Dangerous Drugs – previous convictions - very different offences calling for very different levels of punishment and/or types of sentence D was convicted, on his own plea, of...
March 2018
Criminal law and procedure — arraignment — defendant’s personal attendance at his arraignment necessary even if he resided abroad and arraignment only for purpose of his formal acquittal Words and...
March 2018
Criminal sentencing — conspiracy to make explosive substances — possessing explosive substances — conspiracy to make smoke bombs for use at impending public demonstrations — possessing explosive...
March 2018
Meanings of "drive" and "use" an unlicensed vehicle - Road Traffic Ordinance The Defendant was charged with the offence of using an unlicensed vehicle contrary to ss. 52(1)(a) and 52(10)(a) of the...
February 2018
When a client is being charged with common assault and there is a binding over option offered, is it simply too good to miss? It is also trite law that any other non-fatal, non-sexual offences...
February 2018