16 Mar 2023
SECRETARY FOR JUSTICE v. TAM YING YUEN
- Citation
- [2023] HKCA 243
- Court
- Court of Appeal
- Case number
- CAAR11/2022
Given the presence of tier 3 alcohol aggravation and additional unaddressed aggravating factor that the respondent put his passenger at risk, the original starting point of 18 months was insufficient; a 30-month starting point for Charge 1 was appropriate, reduced to 20 months for plea, further reduced by 3 months for exceptional family mitigation, and a 4-month reduction on review for the dashed hope of imminent release, yielding a substituted custodial term of 13 months; disqualification increased to 3 years under s.36A(6)-(7).