Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-custodial alternatives vs deterrence
  • 22 Jan 2021

    香港特別行政區 訴 馮宣明

    Citation
    [2021] HKCFI 100
    Court
    Court of First Instance
    Case number
    HCMA206/2020

    The appeal is dismissed because the sentencing judge correctly applied appellate authorities establishing that upskirting is a serious public‑order and privacy offence for which short immediate custody is the appropriate benchmark, the investigative delay was not unreasonable nor unfair and did not warrant mitigation, and the judge properly declined non‑custodial disposal given repeat offending and need for deterrence; the starting point of 21 days reduced to 14 days for plea was lawful and not manifestly excessive.