Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental health in mitigation
  • 25 Feb 2022

    香港特別行政區 訴 黃麗儀

    Citation
    [2022] HKCFI 549
    Court
    Court of First Instance
    Case number
    HCMA564/2021

    The trial judge's starting points of nine months per count and the resultant aggregate eight months were manifestly excessive for low‑value newspaper thefts; the correct approach is to adopt modest starting points (56 days for the $18 offence and 70 days for the $54 offence), uplift each by 25% for habitual offending, apply a one‑third guilty plea reduction, and then apply the totality principle to impose an aggregate custodial term of 105 days, which given time already spent resulted in immediate release.