HKSAR v. Li, Cho Kit

HCMA913/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 913/2005

(ON APPEAL FROM KTCC 4524 of 2005)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  25 November 2005

Date of Judgment:  25 November 2005

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J U D G M E N T

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1.This is an appeal against sentence.  The Appellant pleaded guilty to driving whilst disqualified.  That took place in March of this year.

2.On 11 June of last year, he had been before the court for driving whilst disqualified and had been sentenced to one month’s immediate imprisonment.

3.It is thus the case that within nine months of that sentence of immediate imprisonment he undertook the deliberate act of driving whilst disqualified again.

4.The Magistrate took a starting point of three months’ imprisonment, reduced it by a third for the plea of guilty, and sentenced him to two months’ imprisonment.  Today, Mr Allan asks me to suspend that sentence.

5.The fact was that a police officer had seen the Defendant drive a private car from a road into a car park.  Under caution, when arrested, the Defendant said he drove the car into the car park for vehicle cleaning.  It is said before me that his wife had been driving the car before, so it was only a very short journey.  In addition to that, Mr Allan points to the fact that the Appellant is a family man and he relies upon his admission and plea of guilty.

6.The decision to drive, as I have said, was deliberate.  It demonstrated a complete disregard for the orders of the court, and previous imprisonment clearly had not taught the Appellant a lesson.

7.In such circumstances, there is no question of suspending the sentence of imprisonment that must be imposed.  The question is how long.  I see no reason to disagree with the starting point the Magistrate took, though I will say this:  it is at the bottom end of the bracket I had in mind.  However, I will not take a higher starting point.

8.The admission and plea attract the usual one-third discount, and the sentence I would impose is thus the same as that which the Magistrate imposed.

9.Accordingly, the order I make today is that the order made by the Magistrate is confirmed.

Mr Vincent Wong, Senior Government Counsel of the Department of Justice, for the Respondent

Mr William Allan, instructed by Messrs Chong, Fu & Co., for the Appellant