29 Jan 2024
香港特別行政區 訴 馮志光
- Citation
- [2024] HKCFI 314
- Court
- Court of First Instance
- Case number
- HCMA457/2022
Although the sentencing judge had not viewed the dashcam footage and therefore overstated some aspects of the driving, the appellate court after viewing the footage concluded that the offences remained sufficiently serious; having re‑assessed culpability and mitigation (age, plea, lack of similar convictions, compensation, loss of taxi work) the court exercised discretion to suspend the aggregate custodial term. Refusal offences remain serious but, on the facts (first offender, no evidence of intoxication, no physical injury), suspension of the custodial sentence was appropriate under the tot…