HKSAR v. Cheng Sum

HCMA000805/2000

HCMA805/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 805 OF 2000

(On appeal from Eastern Magistracy Case No. ESCC2836/2000)

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Coram: Hon V Bokhary, J in Court

Date of hearing: 14 November 2000

Date of judgment: 14 November 2000

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J U D G M E N T

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1. This appellant was convicted on his own plea of guilty on one charge of publishing an obscene article and one charge of possession of an obscene article for the purpose of publication. He was sentenced to a concurrent term of 16 months' imprisonment on each charge. He now appeals against the sentence on the grounds that the sentence was too severe and excessive. In sentencing the appellant, the magistrate said this:

"The defendant admitted the offences involving a total of 3,151 discs. The offences are extremely prevalent and the location of the offences is notorious for this type of offence and offences involving pirated discs. The defendant had a total of 40 previous convictions, including 6 for similar offences. The defendant was considered by me to be a persistent offender which was an aggravating factor, c.f. HKSAR v. Ng Chi-man 1999 1 HKL 632.

In the circumstances, given the large quantity of discs involved, I took 2 years as the starting point and reduced it by one-third for the defendant's plea. I imposed a sentence of 16 months imprisonment on each charge to run concurrently."

2. In all the circumstances of this case, I consider that the sentence passed by the magistrate, although on the high side, is one with which I cannot properly interfere. The appeal against sentence is therefore dismissed.

Representation:

Mr Nelson Lam, instructed by the Legal Aid Department, for the Appellant

Mr A A Bruce, SC, SADPP, leading Miss Vinci Lam, GC of the Department of Justice, for the Respondent