28 Sept 2004
HKSAR v. NGO VAN HUY
- Citation
- HKSAR v. NGO VAN HUY
- Court
- Court of Appeal
- Case number
- CACC107/2004
The Court found the trial judge had engaged in some double counting and misapplied the methodology. The correct approach: adopt a starting point of 15 months for this offence, impose a substantial uplift of 9 months for the appellant's appalling and persistent record of like offences (to achieve deterrence and protect society), and account for the crowded location as an aggravating feature within the assessment. Enhancement under s27 OSCO is permissible when prevalence is proved but must be applied at the final stage. Applying this methodology the appropriate sentence is 24 months imprisonmen…