18 Jul 2018
HKSAR v. JOHN WILMER GONZALEZ PINEDA
- Citation
- [2018] HKCA 405
- Court
- Court of Appeal
- Case number
- CACC330/2017
A failed section 16 discharge application is a considered challenge to the prosecution case that negates the defendant's first opportunity to plead guilty and justifies reduction of the one‑third guilty plea discount; the judge's reduction to about 20% was within a broad, fact‑sensitive range and did not amount to a miscarriage of sentencing discretion.