Read the full judgment text of HCMA 001110/2005 on BabelCite. This High Court CFI judgment was delivered on 14 December 2005 before Deputy High Court Judge Wright.
Criminal law – sentencing – employing a person not lawfully employable – appeal against sentence – application of sentencing guideline – guilty plea discount – whether sentence should be suspended – fresh material on appeal – sentence of seven weeks imprisonment suspended for 12 months – whether the magistrate applied the correct starting point of three months imprisonment under the sentencing guideline in Secretary for Justice v HO Mei-wa [2004] 3 HKLRD 270 – whether a one-third discount for guilty plea and previous clear record was appropriate under Secretary for Justice v LEE Cho-keung and Others CAAR2/2003 – whether further reduction was warranted because the appellant was deceived by the identity card shown by the employee – whether suspension of the custodial sentence was justified – the appeal court held that the magistrate was not originally justified in suspending the sentence, but new factual material placed before the appeal court justified suspension – appeal allowed to the extent that the sentence of seven weeks imprisonment is suspended for 12 months.
Legal issues: Whether the sentence should be suspended
Outcome: Appeal allowed to the extent that the sentence of seven weeks imprisonment is suspended for 12 months.
Cited by 38 cases