26 Apr 2024
香港特別行政區 訴 鄭航
- Citation
- [2024] HKCFI 1033
- Court
- Court of First Instance
- Case number
- HCMA327/2022
The trial judge did not commit a principle error in considering the applicant's fixed penalty records (including a pending notice) as part of the sentencing background; the 4‑week custodial sentence suspended for 18 months was not manifestly excessive when assessed in context of the aggravated conduct (continuing offence in front of enforcement officers, public‑health risk) and when viewed with concurrent sentences for other counts; there was no double punishment and no ground to disturb the exercise of sentencing discretion, therefore the appeal is dismissed.