Read the full judgment text of CACC 000197/1978 on BabelCite. This Court of Appeal judgment was delivered on 17 March 1978 before McMullin J.
Criminal law – copyright – piracy – sentencing – first conviction – imprisonment – totality – disparity – appellant found in possession of pirated cassette tapes and equipment, pleaded guilty to four charges – had prior conviction for similar offence in 1976 – set up own business after, making substantial profit – magistrate imposed imprisonment on first (6 months) and second (6 months) charges under Copyright Act 1956 – also imposed 6 months on third charge and 12 months on fourth charge under Copyright Ordinance – appeal on grounds that imprisonment cannot be imposed on first conviction under Copyright Act – held: imprisonment on first conviction under Copyright Act 1956 not permissible, custodial sentences on first and second charges quashed – appeal on totality and disparity – held: total sentence of 18 months (6 months third charge plus 12 months fourth charge consecutive) not excessive – disparity with co-defendant not a ground for reduction – appeal allowed in part.
Legal issues: Legality of imprisonment under Copyright Act 1956 on first conviction · Whether total sentence of 18 months imprisonment was excessive
Outcome: Appeal allowed in part: immediate custodial sentences on first and second charges quashed; appeal against sentences on third and fourth charges dismissed. Sentences on third charge (6 months imprisonment) and fourth charge (12 months imprisonment) to run consecutively (total 18 months). Fines on first and second charges remain.