The Queen v. Lam Shan Wing and Another

HCMA000150/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.150 OF 1996

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Coram : Hon Duffy, J. in Court

Date of hearing : 1 March 1995

Date of handing down judgment : 6 March 1996

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J U D G M E N T

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1. This was an appeal against a sentence imposed against each Appellant of four months' imprisonment for criminal damage. The damage involved was spraying paint on the doors and surrounds of certain individuals from whom the Appellant had been instructed to collect debts. The damage was not permanent. The learned Magistrate in his Reasons for Sentence said this :

"I considered both D1 and D2 equally culpable and an immediate prison term appropriate in the case - there was no proper basis in my view to suspect it. If convicted after trial I would have imposed six months imprisonment but reduced it in each case to four months imprisonment to take into account the defendants' respective pleas. The two charges were interconnected and concurrent four month prison terms were therefore imposed on the two charges."

2. I did not agree with the learned Magistrate that an immediate prison term was appropriate in this case. Indeed much more appropriate might well have been a community service order for offences of this type. However, I do not have the clear jurisdiction to impose such an order. I ordered that the sentences of four months' imprisonment be suspended for one year and I ordered that each Appellant pay a fine of $10,000 with one month to pay.

Representation:

Mr Albert Wong, S.C.C., for Crown

Mr John Halley (Chong, Leung & Co.) for both Appellants

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