4 Dec 2015
香港特別行政區 訴 黃智佳
- Citation
- 香港特別行政區 訴 黃智佳
- Court
- Court of First Instance
- Case number
- HCMA353/2015
Court allowed the appeal because the original sentence was excessive given the factual matrix: the appropriate starting point was nine weeks, not three months; after a one‑third reduction for guilty plea the appropriate sentence is six weeks. Voluntary alcohol consumption was not mitigating and the later conviction (sentenced 20 April) should not be treated as an antecedent for the 15 February offending; even if considered it did not make the appellant a repeat offender warranting a higher starting point.