The Queen v. Ying Wai Chung

HCMA000049/1992

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 49 OF 1992

____________

BETWEEN

________________

Coram: The Hon. Mr. Justice Sears in Court

Date of Hearing: 1 April 1992

Date of Delivery of Judgment: 1 April 1992

_______________

J U D G M E N T

______________

1. This is an appeal against sentence by Ying Wai Chung who pleaded guilty to having in his possession forged credit cards. He was arrested with another man and it was clear that it was a serious offence.

2. The Magistrate was entitled to take a starting point higher than that he took, namely, one of 18 months imprisonment. He said he had regard to CHAN Sik-kwan where 18 months was taken as a starting point - "Although this is only intended as a guideline it seemed to me, having regard to the circumstances of the offence and offides an appropriate sentence." I am not sure whether he was meaning that the sentence as finalised should be 18 months or whether he was taking 18 months as a starting point. At any rate, he seems to have had no regard to the plea or the other mitigating factors. There was a previous conviction where the appellant had been bound over, which should have been disregarded. At page 3, he records that he has taken into account the plea, but in my judgment, the Magistrate has not demonstrated that he has taken into account the mitigating factors, if indeed a starting point was one of 18 months. For that reason, I am prepared to allow the appeal against sentence, but these are serious matters and I am prepared to reduce your sentence to one of 12 months imprisonment.

Representation:

Mr. Patrick Li for the Crown

Mr. M. Lunn (M/s J.N. Karbhani & Co.) for Appellant