The Queen v. Tsang Shui Fai

Case No.HCMA 70/1989
Court
High Court CFI
Date12 Apr 1989
Judge
Case Document
100%

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 70 OF 1989

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BETWEEN

THE QUEEN

Respondent

And

TSANG Shui-fai

Appellant

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Coram: Hon. Duffy, J. in Court

Date of hearing: 12th April 1989

Date of delivery of judgment: 12th April 1989

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JUDGMENT

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1. This was an appeal against sentences of one month each for two charges of giving false information to a pawnbroker, those sentences to be consecutive, and of six months for escaping from lawful custody, also consecutive to the other sentences.

2. Mr Chan who appeared on the appeal argued that while the individual sentences were not manifestly excessive, though he did suggest they were high, the combination of the three sentences, i.e. eight months, was excessive having regard to the total criminality involved. I was inclined to agree, and for that reason I reduced the sentence of six months for escaping from lawful custody to four months. I did not otherwise interfere with the sentences and made all sentences consecutive one with the other. The total sentence therefore is now one of six months imprisonment. The appeal was allowed to that extent.

(J.M. Duff)
Judge of the High Court

Miss Mary Sin, Senior Crown Counsel, for Crown

Mr Kenneth G.M. Chan inst’d by (DLA) for Appellant