HKSAR v. Ngo Thi Tram

HCMA 133/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 133 OF 2008

(ON APPEAL FROM KCCC 7549/2007)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  2 April 2008

Date of Judgment:  2 April 2008

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J U D G M E N T

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1.This is an appeal against sentence.

2.The appellant is a Vietnamese lady who came here unlawfully, having hidden herself beneath a lorry.  For that offence she was sentenced to 15 months’ imprisonment.

3.Once here in Hong Kong, she involved herself in handling duty not paid cigarettes.  In all, over 350,000 such cigarettes were involved.  For her involvement in the cigarettes, a total of 6 months’ imprisonment was passed, but it was overlapped with the 15-month sentence by 3 months to produce a total of 18 months.

4.Before me today the appellant tells me of the hard time she has suffered with old parents, young children, a sick husband; telling me that she was the breadwinner and did what she did in order to help her family.  She addressed me very nicely, but I regret to say that those features of her case are common to many cases that come before the courts in Hong Kong, and there is nothing exceptional in the difficulties she faced.

5.The experienced magistrate who passed this sentence was as lenient as he could have been in the circumstances, because she could not have complained if the sentence for the cigarettes was longer, and she could not really have complained if the sentence for the cigarettes had been wholly consecutive.  The magistrate recognised her plea of guilty and he recognised the sort of person this lady is, and I think he passed the least sentence he thought he could, which is exactly what I would have done.

6.The appellant will understand that those who pass sentences here have competing considerations to balance, and one of the considerations is consistency; and I cannot treat her case as being exceptional when it is not.

7.Accordingly, the appeal against the sentence is dismissed.

Mr Man Tak-ho, Jonathan, Senior Government Counsel of the Department of Justice, for the Respondent

Appellant Ngo Thi Tram in Person