HKSAR v. Yung Kwok and Others
Read the full judgment text of HCMA 210/1998 on BabelCite. This High Court CFI judgment was delivered on 3 June 1998.
1. In my judgment the starting point of 18 months adopted by the Magistrate was the correct starting point having regard to the circumstances of this case. But having used the starting point of 18 months, the learned Magistrate should have followed the usual practice of allowing a 1/3 reduction for pleas of guilty. Taking into account also the fact that these Appellants have clear records, I will allow the appeal to the extent of reducing the sentence passed on each of them to one of 12 months.
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HCMA000210/1998 HCMA210/98 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 210 OF 1998 -------------
-------------- Coram : Hon Nguyen, J. in Court Date of hearing : 3 June 1998 Date of judgment : 3 June 1998 ------------------------ J U D G M E N T ------------------------ 1. In my judgment the starting point of 18 months adopted by the Magistrate was the correct starting point having regard to the circumstances of this case. But having used the starting point of 18 months, the learned Magistrate should have followed the usual practice of allowing a 1/3 reduction for pleas of guilty. Taking into account also the fact that these Appellants have clear records, I will allow the appeal to the extent of reducing the sentence passed on each of them to one of 12 months. Representation: Mr William Lam, for Director of Public Prosecutions Mr Paul Fok, assigned by D.L.A., for Appellants
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