HKSAR v. Kau Sze Wai
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HCMA 92/2010 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 92 OF 2010 (ON APPEAL FROM STCC 3916 OF 2009) ----------------------
---------------------- Before: The Honourable Mrs Justice V. Bokhary in Court Date of Hearing: 29 June 2010 Date of Judgment: 29 June 2010 ---------------------- J U D G M E N T ---------------------- 1.Having pleaded guilty before Ms L K Loh in the Magistrates’ Court to two charges of conspiracy to default by entering into bogus marriages, this Appellant was sentenced to a total of 16 months’ imprisonment. It was by way of one-year terms on each charge with 4 months of the term on charge 2 being made consecutive to the term on charge 1. 2.The Appellant gave the authorities some assistances before sentence and a good deal more after sentence. She would have been the main prosecution witness if the person against whom she was due to give evidence had not pleaded guilty. 3.I do not think that the total sentence passed on her was wrong when it was passed, but she is now entitled to a considerable reduction for the assistance which she gave the authorities after she had been sentenced. 4.She was released to bail after serving about 7 months’ imprisonment. On the basis on her further assistance and in all the circumstances, I will reduce her total sentences so that she does not have to return to prison. I will do this by allowing her appeal against sentence so as to reduce the term on each charge to 9 months’ imprisonment and make these terms wholly concurrent.
Mr Jonathan Acton-Bond, instructed by Messrs T H Koo & Associates (assigned by the Legal Aid Department), for the Appellant Miss Rosa Lo, of the Department of Justice, for the Respondent |