17 Sept 2020
香港特別行政區 訴 陳善慈
- Citation
- [2020] HKCA 786
- Court
- Court of Appeal
- Case number
- CACC61/2020
The Court held that the trial judge was wrong to treat this offence as more serious than ordinary phone scams for the purpose of selecting an 18-month starting point; a 12-month starting point was appropriate on the facts. The trial judge's 16.7% guilty plea discount was accepted. Applying a 16.7% reduction to 12 months produced a 10-month sentence for count 1. Count 5 remained 3 months. The two sentences were ordered to run consecutively, yielding a total of 13 months imprisonment, and the appeal was allowed to that extent.