CACC67/2023

香港特別行政區訴黃梓峻

中文

Case Details

Case ReferenceCACC67/2023

CourtCourt of Appeal of the High Court 高等法院(上訴法庭)

Date Published2026-03-19

LanguageTraditional Chinese

NCN[2026] HKCA 348

Claimant / Applicant香港特別行政區

Defendant / Respondent黃梓峻

Judges彭偉昌, 陳慶偉, 譚耀豪

Claimant Counsel雷明雋

Defendant Counsel黃佩琪資深大律師及劉穎欣大律師

Defendant Solicitors梁永鏗律師事務所

•Applicant joined unauthorized protest on 1 July 2020 in Causeway Bay.
•Participated in arson at Po Fung Street and Maxime's Bakery using petrol bombs.
•Found in possession of petrol bombs, lighter, and stolen police traffic cone cover.
•Aged 17 at offense, diagnosed with ADHD and depression, no prior criminal record.
•Convicted of 2 counts arson, 1 count theft, 1 count possession with intent to damage property.
•Original sentence was 6 years' immediate imprisonment by District Court.

•Whether sentencing judge gave excessive weight to deterrence over rehabilitation.
•Whether total sentence was manifestly excessive considering age and role.
•Whether medical reports should have been sought before ruling out non-custodial options.
•Whether double counting occurred regarding possession of petrol bombs.
•Whether youth mitigation was adequately considered.

•Deterrence and punishment outweigh rehabilitation for serious arson in public disorder.
•Youth is a limited mitigating factor for serious crimes involving petrol bombs.
•Mental health conditions must be linked to the offense to mitigate sentence.
•Post-sentencing prison behavior does not justify appellate sentence reduction.
•Possession of unused incendiary devices can be sentenced consecutively to arson.