6.在 HKSAR v ChanChi-wah Cr App 250/ 2004 一案中,上訴人提出,他就控方案情不作爭議,從而節省聆訊時間,應屬減刑因素,司徙冕法官認為:
7. It is of course true that on occasion discounts are given where a substantial part of the prosecution’s case has not been contested and there has been an appreciable saving in time. Obvious examples of this will be found in large fraud cases and where breaches of copyright are alleged. This will always be dependent on the particular circumstances of the case in question. Here, the trial was straightforward and very little time would have been saved.
8. We cannot agree, therefore, that the applicant was deserving of any discount on his plea of not guilty. The applicant had shown no remorse and the case against him was overwhelming. By confessing to his possession of the heroin, he was merely seeking to avoid the much heavier sentence which was bound to be imposed for trafficking.
被告的刑期
7.被告販運29.28克之可卡因,應予以5至8年監禁,本席以6年零6個月作為判刑為點。本席考慮辯方陳詞所指被告不爭議控方案情,應是減刑因素,本席參照HKSAR v Chan Chi-wah的原則後,認為該案例與本案相似,本案案情簡單,辯方所承認的環節,若被法庭所信納,可為他卸卻相當大部分的刑責,在本案中被告的辯護方式並不構成減刑因素。被告未能提出任何減刑因素,本席判被告6年零6個月監禁。
葉佐文
區域法院暫委法官
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