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Given the defendant's extensive and recent history of similar burglary convictions the appropriate starting point was set at 33 months; applying the one‑third reduction for early guilty plea produced an effective custodial sentence of 22 months.
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Convictions for theft and possession of article for theft are upheld. Although the two matters are unconnected and ordinarily warrant full consecutive sentences, the court applied the overall sentencing (totality) principle and ordered that of the 5-month sentence in this appeal, 6 weeks be served concurrently with the 6-month sentence in TMCC 1724/2024; the remainder to be served consecutively.
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Magistracy appeal dismissed in a theft case. The court held that a 3-month sentence and HK$4,500 compensation order were appropriate and not manifestly excessive.
The sentencing judge properly exercised discretion: the appellant's conduct was aimed at intimidating an alleged rival and was more serious than the Lau Chi Hung facts; the judge considered the appellant's psychiatric reports, substance abuse causation, prior convictions and recent release, and the 3-month immediate custodial sentence was neither principle-erroneous nor manifestly excessive, and therefore should be upheld.
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The High Court upheld the sentencing judge's exercise of discretion: the judge correctly considered the extent of obstruction (1.44m2), the busy pedestrian‑bridge location, the appellant's plea and personal circumstances, and relevant precedents; HKD300 per count (HKD600 total) with a six‑month payment period was within the permissible range and not manifestly excessive or wrong in principle.
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The guilty pleas were voluntary and the facts admitted supported the convictions; the sentencing judge did not misdirect or improperly exercise discretion in imposing fines of HK$2,000 on each count after considering the offences, the appellant's antecedents and financial means; the appeal is dismissed.
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The appeal is dismissed because the sentencing judge properly exercised discretion under RTO s39A(3), took into account the appellant's old prior conviction and relevant aggravating and mitigating factors, and the sentence imposed (HKD 6,000 fine, 12-month disqualification and mandatory driving improvement course) was not manifestly excessive.
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Immediate imprisonment was an error in principle and manifestly excessive given the marginal exceedance of the statutory limit (25 vs 22 micrograms/100ml), absence of accident, injury or property damage, and the appellant's related prior conviction being 8 years old; sentence substituted with a fine of HK$9,000 while disqualification and course requirements were maintained.
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The Court of Appeal refused leave to appeal against sentence for burglary, holding that the 9-month uplift to the 30-month starting point was justified.
The appeal is dismissed because the magistrate's sentencing decision was within the proper range: the appellant's multiple prior convictions and two clear aggravating factors (physical restraint of the victim preventing escape and deliberate smashing causing loss of the victim's mobile phone) justified the individual terms (4 months for assault, 8 months for attempted criminal damage) and the aggregate sentence of 10 months (with partial concurrency) was neither excessive nor contrary to sentencing principles.
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