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The court held the sentencing judge did not err in selecting a 15‑month starting point and reducing to 10 months for a guilty plea, but applying the totality principle required that 3 months of that sentence run concurrently with the sentence in DCCC 1314/2023; appeal allowed in part.
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The High Court dismissed a magistracy appeal against conviction and sentence for common assault on a taxi driver, upholding 10 days’ imprisonment and HK$4,000 compensation.
Magistracy appeal dismissed in a theft case. The court held that a 3-month sentence and HK$4,500 compensation order were appropriate and not manifestly excessive.
On full rehearing of the evidence the trial judge's acceptance of the prosecution witnesses' accounts was not vitiated by error; the prosecution proved common assault beyond reasonable doubt; the sentencing judge properly balanced mitigation and the need for deterrence and protection of public officers and did not impose a manifestly excessive sentence; therefore both conviction and 14‑day immediate custodial sentence are upheld.
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Given the high value of the stolen goods and the appellant's extensive and recent record of similar offences, an 18‑month starting point was justified; reducing that for plea to 12 months produced a proportionate sentence, so the sentence was not manifestly excessive and the appeal is dismissed.
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The Court of Appeal refused leave to appeal against sentence, holding that a one-year enhancement for the applicant’s criminal record was not manifestly excessive.
The court held that sentencing for participants in the same large‑scale riot must start from substantial custodial starting points reflecting collective violence and the need for deterrence; defendants with similar equipment and roles to earlier convicted co‑participants received a five‑year starting point, while those with more limited involvement received a lower starting point (4 years 9 months); limited mitigation (time on bail, youth, limited role, caring responsibilities) justified modest month reductions, but good background alone did not warrant significant reduction.
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Given the scale, violence and collective character of the riot and the substantial risk and actual damage to persons and property, the court adopted appellate guidance and recent comparable starting points to impose deterrent custodial sentences; possession of items capable of causing damage or used as weapons are aggravating and attract concurrent custody; however a young offender (D1, aged 16 at offence) suitable for a training centre should be sentenced to a training centre order rather than immediate imprisonment where rehabilitation in such a facility is appropriate.
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Given the severity and nature of the injuries (partial avulsion of external ear, scalp laceration, temporary loss of consciousness), the need for denunciation and general deterrence, and the principle that voluntary intoxication is not a mitigating factor, a custodial sentence was appropriate; the trial judge's 15‑month starting point was within a reasonable range and, after the one‑third plea reduction to 10 months, the sentence was not manifestly excessive and the appeal must be dismissed.
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The Court of Appeal increased the sentence for an internet-based credit card fraud scheme, holding the original two-year term was too low.
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