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193. Based on the role of D23 in the Scheme, 7 years (84 months) would be adopted as the starting point. Given the guilty plea of D23, a full one-third discount would be given.
194. We gave 3 months reduction for his ignorance of the law.
195. Ms. Kwok submitted that D23 was a man of positive good character. He had a clear record at the time of the present offence.
196. From the Reasons for Sentence, D23 was given a further reduction of 2 months over and above the reduction for his guilty plea for his past contribution to the Hong Kong community in DCCC 107/2021.
197. In the other District Court cases, i.e. DCCC 857–875, 877–884, 886–889, 891 & 893/2020. The judge in sentencing D23, had also taken into account his past contribution and public service. As such no further reduction would be given to D23 in this case for his past contribution and public service.
198. The two District Court cases were unrelated to the present case. Stepping back and taking a global view of the criminal conducts of the two District Court cases and the present case, we came to the conclusion that the application of the totality principle did not call for a further reduction.
199. In conclusion, for the reasons given, for the offence D23 stands convicted, he is sentenced to 4 years and 5 months’ (53 months) imprisonment.
