4 Apr 2019
律政司司長 訴 馮志凱
- Citation
- [2019] HKCA 391
- Court
- Court of Appeal
- Case number
- CAAR4/2017
The Court dismissed the Secretary for Justice's review application: the magistrate had not made an error of principle nor imposed a manifestly inadequate sentence; there is no single mandatory tariff for s3(1)(a) offences and sentencing must be fact‑sensitive; the court set out sentencing principles and common aggravating factors for guidance but declined to impose the applicant's higher starting point.