28 Oct 2022
BANG ASAN MAGDALENA BOWAKEN v. HKSAR
- Citation
- [2022] HKCFI 3684
- Court
- Court of First Instance
- Case number
- HCMA197/2022
The appeal was allowed in part because, although the magistrate was entitled to have regard to the 15-month guideline applicable to s38AA offences, the magistrate had not been put on proper mitigation particulars showing exceptional personal and COVID-related circumstances; having considered those circumstances the court exercised discretion and mercy and reduced the sentence from 15 months to 8 months imprisonment.