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326. Apart from the above, we do not see any factors which may reduce D44’s sentence. In particular, we note that D44 did not raise “ignorance of the law” as a mitigation factor, either through Mr Wong or in his own very well written mitigating letter. We take that to be a deliberate and informed choice. In the circumstances, we do not consider it appropriate to grant him any reduction in that regard.
327. We are fully alive that D44 has two previous sentences and in particular that he was last sentenced to 6 months’ imprisonment passed on 6 May 2021. However, we take the view that D44’s last conviction related to a separate and distinct offence. Having fully considered the issue of totality by stepping far back, we do not consider that there should be any adjustments for his present sentence.
328. As a result, D44’s sentence is reduced to 4 years and 6 months’ (54 months) imprisonment.
329. Finally, based on the materials contained in D44’s mitigation bundle, we are prepared to accept that D44 is now genuinely remorseful and a different person than before. Whilst any deduction for remorse has already been subsumed in the one-third discount for plea, we trust that the authorities would take D44’s remorse if genuinely held, into account when considering remission.
D45 Wong Pak-yu
330. D45 is now aged 33. After graduation, he worked in IT area of the financial sector and also engaged in voluntary service to help the underprivileged in Tin Shui Wai. In 2019, he won the District Council
