25 Nov 2022
HKSAR v. NUR, JANNAH
- Citation
- [2022] HKCFI 3545
- Court
- Court of First Instance
- Case number
- HCMA255/2022
The appeal is allowed in part: although the 15‑month guideline from Usmann Butt is a relevant starting point for s38AA(1)(c) offenders, sentencing guidelines are not binding. Given the appellant's individual circumstances, including job loss during the pandemic, inability to afford departure, early plea and humanitarian considerations, a 5‑month reduction from 15 to 10 months for Charge 5 is warranted while leaving the one‑day concurrent sentence for Charge 4 intact.