Chiu Sin-sik v. The Queen

CACC000919/1982

BETWEEN

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Coram: Sir Alan Huggins, V.-P., Yang & Barker, JJ.A.

Date of Judgment: 29th March 1983

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JUDGMENT

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Sir Alan Huggins, V.-P.:

1. This is a case where leave to appeal against sentence has been given. The Appellant was convicted of engaging illegally in book-making and was sentenced to a fine of $150,000 or 6 months' imprisonment. He was engaged in receiving bets by telephone at the family home on a single day. It would appear that his mother had been engaged in similar book-making activities over a period of time and that he was assisting his mother. The contention first is that the fine of $150,000 must have been assessed on the basis of engagement an more than the date charged, for the evidence was that on that date bets in the region of $40,000 had been accepted, although, as Mr. Mackenzie-Ross points out, these being telephone bets there is no reason to believe that the money will have been paid subsequently to the police intervention. We think that there is substance in the contention that for somebody who was not the principal in the business and who was engaged on only the one day the fine of $150,000 or 6 months' imprisonment was manifestly excessive. We therefore allow the appeal and we think in all the circumstances that a fine of $5,000 would be appropriate and that the Appellant should be given time to pay.

29th March 1983.