Chung Chi Ming v. The Queen
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CACC000999/1980
Coram: Barker, J. Date of Judgment: 18th December, 1980. ----------------- JUDGMENT ----------------- 1. The appellant Chung Chi-ming appeals against a sentence of one year's imprisonment imposed upon him on the 15th September 1980 at the Fanling Magistrate's Court for aiding and abetting the remaining in the Colony of an illegal immigrant. What happened was that the appellant's co-accused was informed of his brother-in-law's arrival. The co-accused met the appellant who was a clansman; they went to Fanling together; they paid $1,100 to an unknown Chinese and they then picked up and assisted the illegal immigrant. It is well settled that in ordinary cases a person who aids and abets an illegal immigrant not only must receive an immediate custodial sentence but will normally receive a custodial sentence of twelve months' imprisonment. There are however cases where a sentence of less than twelve months is in the particular circumstances appropriate and there are even rarer cases where a noncustodial sentence is appropriate. In the present case there are a number of factors which work in the appellant's favour. First, he has a clear record; secondly, he pleaded guilty; thirdly, it is clear that this offence was not done by any sort of pre-arrangement; fourthly, there was no element of reward and fifthly, although the appellant was not a relative of the illegal immigrant he and his co-accused were clansmen and quite clearly what he did he did out of friendship and out of a wish to help a fellow villager. Furthermore, and this was a matter which was not before the learned judge it is in my judgment clear that the appellant if free to do so intends to get married on the 25th December. 2. I take the view that notwithstanding those mitigating factors to which I have adverted this is a case where an immediate custodial sentence was appropriate. Nevertheless, having regard to all the circumstances I consider that a sentence of twelve months' imprisonment was too long. The appellant has already served three months and three days in prison and in the circumstances I order that the sentence of twelve months be set aside and that it be reduced to such sentence of imprisonment as will allow the immediate release of the appellant. Accordingly I allow this appeal. Representation: Ismail (Raymond Tang & Co.) for appellant Cunningham for Crown/Respondent |