28 Jan 2022
香港特別行政區 訴 薛偉倫
- Citation
- [2022] HKCFI 370
- Court
- Court of First Instance
- Case number
- HCMA438/2021
The magistrate's order committing the appellant to a DATC while the appellant was serving other custodial sentences was an error in principle and must be quashed. The High Court has power under Magistrates Ordinance s119(1)(d) to re-sentence; the appropriate sentencing approach for this possession case (small quantity, user addict) would have a starting point of 8 months' imprisonment with a guilty plea discount of 2 months, and the sentence should run consecutively to the other matters. However, because the appellant has already served the DATC order, the appeal is academic and the court exe…