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Magistracy appeal in a repeat shoplifting case. The High Court set aside the fine and probation extension, and reduced the suspended custodial term to one month.
因被告兩次對同事行猥褻且具多項加刑因素（受害人醉酒／睡眠、發生於女營房、第二次具入侵性且有預謀），感化令不合適；原審將失去工作作為減刑並過分側重更生屬錯；依法應判即時監禁，經考慮認罪扣減及已完成之感化期，最終改判即時監禁8個月。
Source excerpt
The appeals against sentence were allowed in part: having considered the probation officer reports, the offenders' backgrounds, remorse and prospects for rehabilitation, the court substituted non-custodial disposals — 12 months probation/rehabilitation orders for the first and second appellants with specified supervisory conditions, and 200‑hour community service orders for the third and fourth appellants — because those measures were commensurate with the need for punishment, deterrence and rehabilitation in the circumstances.
Source excerpt
Appeal against sentence allowed in part. The court quashed a training centre order and substituted a one-year probation order with a urine-testing condition.
The Court of Appeal set aside a 28-month custodial sentence and replaced it with 2 years’ probation for a young offender with psychiatric conditions.
The Court of Appeal allowed a sentence appeal, quashed 28 months’ imprisonment, and substituted a 2-year probation order with psychiatric and supervisory conditions.
The appeal was dismissed because the trial judge lawfully weighed the evidence, accepted the security guard's account, properly treated the appellant's cautioned remarks as exculpatory reactions, and legitimately relied on the appellant's inconsistent accounts to reject his defence; on that basis the conviction for theft was safe.
Source excerpt
The Court of Appeal dismissed a sentence review and upheld a three-year probation order for manslaughter, accepting exceptional psychiatric mitigation and rehabilitation.
The Court of First Instance allowed a criminal appeal against sentence, set aside a prison term, and substituted an 18-month probation order with treatment and supervision conditions.
High Court appeal against sentence for acting as a member of a triad society. The court found sentencing had proceeded on a materially incorrect factual basis and substituted 12 months' probation.
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