Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Failure to provide breath sample
  • 16 Jan 2023

    香港特別行政區 訴 楊子駿

    Citation
    [2023] HKCFI 137
    Court
    Court of First Instance
    Case number
    HCMA227/2022

    The appeal is allowed because the magistrate erred in principle by imposing a 240‑hour community service order on a first offender without injury or evidence of serious impairment and without identifying aggravating factors justifying an atypically severe sentence; the community service order is quashed and, if unfinished, is to be substituted with a fine of HKD 8,000, with other penalties (two‑year disqualification and requirement to attend driving improvement course) to remain.