Read the full judgment text of CAAR 000009/1989 on BabelCite. This Court of Appeal judgment was delivered on 20 June 1990 before Kempster JA, Hunter JA, Macdougall JA.
Criminal law – corruption – soliciting an advantage – accepting an advantage – Prevention of Bribery Ordinance (Cap 201) s.9(1)(a) and (b) – sentencing – review – manifestly inadequate sentence – suspended sentence – immediate custodial sentence – general deterrence – first offender – abuse of trust – secret commissions – commercial probity – Court of Appeal – Attorney General's review – Criminal Procedure Ordinance (Cap 221) s.81A – The respondent was convicted on four charges of soliciting and nine of accepting an advantage as an agent. The trial judge imposed suspended sentences of nine months' imprisonment for the soliciting offences and fines for the accepting offences. On review by the Attorney General, the Court of Appeal held that suspended sentences were wrong in principle and manifestly inadequate for corruption offences, which require immediate custodial sentences to reflect gravity and deter others. The court substituted immediate sentences of 12 months' imprisonment on each soliciting count, concurrent, applying a discount on review from the 18 months considered appropriate at first instance.
Legal issues: Adequacy of suspended sentence for corruption offences
Outcome: Appeal by Attorney General allowed; suspended sentences quashed and immediate custodial sentences substituted.
Cited by 1 case