24 Feb 2022
香港特別行政區 訴 林卓良
- Citation
- [2022] HKCFI 589
- Court
- Court of First Instance
- Case number
- HCMA373/2021
The court allowed the appeal in part, holding that the original 3-month immediate imprisonment was excessive because the sentencing judge either relied on uncharged sustained offending or failed to identify an appropriate sentencing starting point; the correct starting point for the proved offence was 15 weeks' imprisonment, from which a one-third guilty-plea discount and a further 2-week mercy reduction for age/no prior convictions were applied, resulting in an 8-week immediate custodial sentence. The court also cautioned against double-counting the breach of COVID-19 restrictions already pu…