The Queen v. Chong Siu Min

HCMA000303/1985

BETWEEN:-

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Coram: The Honourable Mr. Justice Penlington in Court

Date of hearing: 29th April 1985

Date of delivery of judgment: 29th April 1985

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JUDGMENT

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1. This is an appeal against sentence and the only point which arises is in sentencing the appellant to 6 months' imprisonment consecutive to a sentence he is already serving for a similar charge of obtaining money by deception. The magistrate took into account two previous convictions recorded against the appellant. It seems clear that in fact that second conviction was entered subsequent to him committing the present offence.

2. The appellant here was sentenced to 6 months' imprisonment for obtaining a sum of $500.00 by deception. It was to be consecutive to his present sentence of 4 months' imprisonment. He was also ordered to pay compensation to the victim of the offence in the sum of $500.00 within two months of his release in default a further 6 weeks' imprisonment.

3. The magistrate should not have taken into account both previous convictions for deception although he certainly was entitled to take into account the one recorded on the 10th June 1983. It also seems to me that perhaps he is not given the appellant sufficient credit for his plea of guilty in this case. Taking those factors into account I reduce the sentence to one of 3 months' imprisonment consecutive to the sentence now being served, but did not interfere with the order made regarding the payment of compensation to the victim.

Representation:

M. Jennings, C.C. for the Crown.

Appellant, CHONG Siu-min in person.