16 Feb 2022
香港特別行政區 訴 王永明
- Citation
- [2022] HKCFI 446
- Court
- Court of First Instance
- Case number
- HCMA138/2020
The magistrate misapplied sentencing methodology by adopting the appellant's prior sentence as the starting point without proper analysis and without quantifying uplifts for habitual offending; the High Court allowed the appeal in part, emphasised the need to set a starting point then adjust for factors (including rehabilitation needs), and reduced the cumulative sentence accordingly.