R. v. Hui Wai Man

CACC000380/1995

IN THE COURT OF APPEAL

1995, No.380
(Criminal)

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Coram: Hon. Power, V.-P. and Mayo, J.A.

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

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J U D G M E N T

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Power, V.-P.(giving the judgment of the Court):

1. This applicant faced a charge of managing a vice establishment and a charge of living on the earnings of prostitution. He pleaded not guilty to those charges and was sentenced to 12 months on the first and 4 months on the 2nd and the sentences were ordered to be consecutive.

2. The judge when sentencing said that he regarded the offences as serious. He said that, although there was no evidence of the forcible detention of women or the use of underage girls, it was nonetheless an organized brothel operation. He referred to the applicant's bad record which shows a number of other offences, including offences of this nature, in relation to which he had fines imposed. It seems that the clang of the prison gates has had a very salutary effect upon him.

3. The trial judge said, having regard to the offence, a suspended sentence was not appropriate and that the 2nd charge merited a sentence by itself of six to nine months. He said, however, that because that offence largely formed part of the facts pertaining to the 1st defence, he would take a lower starting point in relation to it and reduced that starting point to four months but was satisfied that it should be consecutive making a total of 16 months.

4. There has been nothing said by the applicant which would make us think these sentences were in any way wrong or inappropriate. The application is dismissed.

Representation:

Ms. Wong Kam-ying, A.P.C.C. (Crown Prosecutor) for the Respondent.

Applicant in person.