The Queen v. Tam Kwok-ying
Read the full judgment text of HCMA 609/1989 on BabelCite. This High Court CFI judgment was delivered on 4 September 1989.
1. The appellant was convicted of going equipped for stealing - a razor blade - and was sentenced to 9 months' imprisonment. He appealed against the sentence.
|
HCMA0000609/1989 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) MAGISTRACY APPEAL NO. 609 OF 1989 ______________________________ BETWEEN
__________________________ Coram: de Basto, J. Date of hearing: 22 August 1989 Date of judgment: 4 September 1989 ------------------------- J U D G M E N T ------------------------- 1. The appellant was convicted of going equipped for stealing - a razor blade - and was sentenced to 9 months' imprisonment. He appealed against the sentence. 2. Mr Hoosen for the appellant submitted the sentence of 9 months was manifestly excessive. 3. I have had the benefit of the sentencing statistics for the offence in question for the period from January to July of this year from 5 magistracies in Kowloon. 4. In North Kowloon Magistracy there were 19 cases. The highest sentence being one sentence of 6 months. Four received 4 months and one received 1 month or less. The remaining 13 were either given suspended sentences or were fined or put on probation. 5. In San Po Kong Magistracy there were 7 cases. Two received 6 months, two received 4 months, two were put on probation and one was sent to a Drug Addiction Treatment Centre. 6. Ten cases were heard at the Kwun Tong Magistracy - two were sentenced to 6 months and two to 4 months, the others had suspended sentences or were fined or put on probation. 7. At the Shatin Magistracy there was only one case and a probation order was made. 8. South Kowloon Magistracy is the only magistracy where magistrates had imposed 9 months. There were 5 cases in South Kowloon - two received 6 months and 3 (including the instant case) received 9 months. 9. I do not know whether this type of offence is particularly prevalent in South Kowloon. 10. I allow the appeal, set aside the sentence of 9 months and substitute therefore a sentence which will result in the appellant's immediate release. The appellant has been in custody for nearly 5 months.
Representation: Miss Katherine Fung, Crown Counsel for Crown. Mr A.A. Hoosen assigned by D.L.A. for appellant. |