19 Dec 2003
HKSAR v. LAI CHAM CHUEN
- Citation
- HKSAR v. LAI CHAM CHUEN
- Court
- Court of First Instance
- Case number
- HCMA1181/2003
The magistrate erred in law by interposing a DATC order into an existing prison sentence and by effectively imposing simultaneous sentences; the proper remedy is to allow the appeal in part and substitute a lawful custodial sentence (six months imprisonment) calculated from a twelve‑month starting point with reduction for plea and application of the totality principle, to run consecutively to the appellant's existing sentence.