HKSAR v. Yang Xiu Hao

HCMA 315/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 315 OF 2008

(ON APPEAL FROM TMCC 69/2007)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  20 May 2008

Date of Judgment:  20 May 2008

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J U D G M E N T

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1.This is an appeal against sentences totalling 19 months following pleas of guilty to unlawfully remaining in Hong Kong and theft.  The theft involved entry into a container that had been converted into an office.  That office was ransacked and electronic consumer items to the value of $11,200 were stolen.  The goods were not recovered. 

2.This appellant entered pleas of guilty and the sentence for the unlawful remaining was the standard 15 months' imprisonment.  The magistrate took a starting-point of 9 months for the theft and imposed 6 months after plea ordering that 4 months be consecutive and 2 concurrent to the 15 months, making a total of 19. 

3.The appellant today says that people in prison with him have committed worse crime and received lesser sentences.  I frankly find that hard to believe.  But even if it were so, it would not persuade me to reduce the sentences here which, if anything, were on the light side. The appeal against sentence is dismissed.

Mr Tam Sze-lok, Senior Government Counsel, of the Department of Justice, for HKSAR

Appellant, Yang, Xiu-hao (楊修好),  in person