28 Oct 2019
HKSAR v. DHALIWAL JASPREET KAUR AND ANOTHER
- Citation
- [2019] HKCA 1205
- Court
- Court of Appeal
- Case number
- CACC337/2018
The Court held that sentencing for credit card offences must balance deterrence with individual justice; where defendants were close to the young offender threshold the court should obtain and consider background reports and alternatives to immediate imprisonment (s.109A principles apply in substance). The judge erred by failing to consider reports and non‑custodial options for both appellants and by adopting excessive starting points; appeals were allowed and sentences reduced effectively to time served with immediate release ordered.