21 Sept 2020
HKSAR v. MA SHU KEUNG
- Citation
- [2020] HKCA 678
- Court
- Court of Appeal
- Case number
- CACC48/2019
The Court held that as a general rule a sentencing judge should not reduce the one-third discount for an early guilty plea merely because the defendant gave evidence for a co-defendant which was disbelieved. A reduction is only justified where the defendant used his testimony to dishonestly diminish his own culpability or otherwise actively disputed the factual basis on which his plea was accepted. Applying that principle the appellant was entitled to the full one-third discount and the sentence was reduced accordingly.