R. v. Chan Wai Choi

HCMA001496/1996

1996, No. MA 1496

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL

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Coram: Hon Sears, J. in Court

Date of hearing: 6 March 1997

Date of judgment: 6 March 1997

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J U D G M E N T

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1. This is an appeal against sentence by Mr Yuen in North Kowloon Magistracy. The charge was one of managing a vice establishment and the evidence was abundantly clear. It is a question of fact for the magistrate to decide on the evidence before him.

2. I have read all of the papers and all the evidence, I can find nothing which flaws the conviction. The appeal against conviction is dismissed.

3. The magistrate sentenced the appellant to six months' imprisonment saying that this was the usual tariff. I do not know what he meant. It may be that is what the sentence he normally passes, but there is a difference in principle between keeping a vice establishment and managing one. How long the Appellant had been there is difficult to say. It may be that immediate sentences of imprisonment would be passed. However, this is a person of forty-one years of age of good character. One must have regard to people's good character.

4. In my judgment the appropriate sentence here would have been a suspended sentence. However the appellant has virtually served his sentence. So what I propose to do is to reduce the sentence from six months' imprisonment to one month's imprisonment which means his immediate release.

Representation:

Mr David Leung, S.C.C., for Crown/Respondent

Mr Peter R. Callaghan, inst'd by M/s Ivan Tang & Co., for Appellant