R. v. WU MAN LAI

R. v. WU MAN LAI

The committal to prison for default was defective because no enquiries were made as to the appellant's means or circumstances of default; the appeal was allowed in part: the six-month sentence for the offence was upheld but the period of incarceration already served for default must be counted as part of that sentence and the imprisonment in default was set aside upon the appellant's undertaking to pay the balance within two months.

Citation
R. v. WU MAN LAI
Parties
Respondent (crown): THE QUEEN; Appellant (defendant): WU MAN LAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 1997
Case Number
HCMA376/1997
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Sentence in High Court (appellate Jurisdiction)
Outcome
Appeal allowed in part
Legal Topics
Sentencing Principles, Default Imprisonment, Enquiry Into Means, Credit for Time Served, Section 68 Magistrates Ordinance
Source Language
EN
Criminal Law Sentencing Magistrates Ordinance Community Service Orders Committal for Default Sentencing Principles Default Imprisonment Enquiry Into Means +2 more

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Parties

THE QUEEN

Respondent (crown)

WU MAN LAI

Appellant (defendant)

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Sentence in High Court (appellate Jurisdiction)

Legal Issues

  1. 1 Whether the magistrate erred in imprisoning the appellant for default in payment without enquiring into his means
  2. 2 Whether the magistrate should have considered extension of time and circumstances of default before committal
  3. 3 Whether time spent in custody for default must be credited against the sentence imposed for the offence

Ratio Decidendi

The committal to prison for default was defective because no enquiries were made as to the appellant's means or circumstances of default; the appeal was allowed in part: the six-month sentence for the offence was upheld but the period of incarceration already served for default must be counted as part of that sentence and the imprisonment in default was set aside upon the appellant's undertaking to pay the balance within two months.

Court Disposition

Appeal allowed in part

Orders

  • Sentence for the offence of six months is upheld
  • The period of incarceration already served as a result of default in complying with the compensation order is to be counted as part of that six-month sentence