18 Dec 2020
律政司司長 訴 庾家駒
- Citation
- [2020] HKCA 1019
- Court
- Court of Appeal
- Case number
- CAAR5/2020
The magistrate erred in principle by isolating the respondent's brief act from the wider violent unlawful assembly targeting the Government Headquarters, misapprehended factual basis about knowledge and participation, and undervalued the punitive and deterrent elements; on re‑examination the appropriate starting point was 12 months' immediate imprisonment, reduced by one‑third for guilty plea, credited for time served and a discretionary one‑month reduction, resulting in a 7‑month immediate term.