28 Feb 2022
香港特別行政區 訴 方秀美
- Citation
- [2022] HKCFI 570
- Court
- Court of First Instance
- Case number
- HCMA435/2021
量刑須以涉案物品的性質及價值確立合理起刑點，然後就被告屢犯及在保釋期間再犯等加重因素作出明確及合理的上調。原裁判官對低價物品採納過高起點（就$30.4飲品採15個月起點）屬失當。本院酌定並確認更合比例的起點及加刑幅度，裁定應以較低的替代刑期並令被告即時獲釋。
Hong Kong Case Law
Breach of police bail
17 Dec 2018
HKSAR v. CHEONG MAN KIT
- Citation
- [2018] HKCA 964
- Court
- Court of Appeal
- Case number
- CACC394/2017
The renewal of leave to appeal was refused because the renewed grounds were devoid of merit: the evidence (Pol 40 and police affirmations) established the applicant had breached police bail and was an absconder when committing the offences, which was a serious aggravating factor together with extensive prior dishonesty; the judge's sentencing (including guilty plea discount and ordering partial concurrency) was not manifestly excessive or wrong in principle; accordingly the appeal was dismissed and a loss of time order of two months was properly made under s83W(1) given the unmeritorious rene…