Lai Yuen-ming v. The Queen

CACC000093/1976

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

Criminal Appeal No. 93 of 1976

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Coram: Briggs, C.J.

Date of Judgment: 12th February, 1976.

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JUDGMENT

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1. The appellant, a girl of 19 years, pleaded guilty to aiding and abetting the keeping of an unlicensed massage establishment and she was sentenced to be detained in a training centre.

2. The magistrate had before him an excellent probation report from a probation officer which showed that it would be inappropriate for the appellant to be placed on probation. The appellant has allowed herself to get into debt to the establishments in which she worked and it is therefore very difficult for her to get away from that environment. The magistrate appreciated this and in his Statement of Findings he says this: -

"I recognise that the sentence imposed might appear to outweigh the seriousness of the offence but I can only stress that it is not designed as a punitive measure and hopefully will serve as a first step towards this appellant's future rehabilitation."

3. Although I appreciate the motives which weighed with the magistrate in passing this sentence it is, in my view, a sentence which is much too severe for the offence to which the appellant pleaded guilty. This is her first offence and this is the first time that I have encountered a sentence which initially is a sentence of nine months' detention for such an offence.

4. In the circumstances, the only possible solution is to allow the appeal against sentence to the extent that a sentence of three months' imprisonment will be imposed in lieu of the sentence passed in the court below: that sentence is to be suspended for eighteen months.

Representation:

Appellant in person.

Whetter for crown.