R. v. Leung Kam Fuk

HCMA001044/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.1044 of 1995

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Coram: Hon. Duffy, J. in Court

Date of hearing: 6 December 1995

Date of handing down judgment: 12 December 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 6 months' imprisonment imposed for an offence of obtaining property by deception. The allegation was that the appellant who worked for the China Motion Paging Ltd. altered the contents of a Sales and Services Agreement so that he could dishonestly obtain, by deception, $3,104.40.

2. The learned Magistrate's reasons for passing a sentence of 6 months' imprisonment involved his decision that the breach of trust was a serious matter, although the amount involved was not a large amount. I agreed that this was a case involving breach of trust, but it was also a case involving only one small transaction.

3. The 32 year old appellant was effectively a first offender, with a wife and three daughters, and heavy financial commitments. Some sense of perspective must be retained about the passing of prison sentences for offences of this sort. In the circumstances, I felt that a 6 months sentence was manifestly excessive. A suspended sentence would have been justified. I therefore allowed the appeal so that the appellant could be released from prison immediately. I also ordered that he repay to the China Motion Paging Company the full sum of $3,104.40.

Representation:

Mr Tam Yiu-ho William C.C. for Crown

Miss Esther Toh, (Joseph W.K. Poon & Co.), for Appellant