HKSAR v. WONG AH CHEUNG AND ANOTHER

HKSAR v. WONG AH CHEUNG AND ANOTHER

The Court held the original sentences (12 months and 8 months) were manifestly excessive and wrongly based on deterrence absent adequate evidence of prevalence; substituted sentences were 6 months imprisonment for the 1st appellant and 4 months imprisonment for the 2nd appellant, allowing the appeals in part.

Citation
HKSAR v. WONG AH CHEUNG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Wong Ah Cheung; 2nd Appellant: Cheung For Yau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 1999
Case Number
HCMA1175/1998
Procedural Posture
Magistracy Appeal Against Sentence to Court of First Instance / Judgment on Appeal (hearing 14 Jan 1999; Judgment 22 Jan 1999)
Outcome
Appeals allowed in part; original sentences reduced.
Legal Topics
Assisting Export Without Manifest, Sentencing Principles, Deterrence, Guilty Plea Credit, Manifestly Excessive Sentence
Source Language
EN
Criminal Law Import and Export Law Sentencing Forfeiture Law Assisting Export Without Manifest Sentencing Principles Deterrence Guilty Plea Credit +1 more

Case Brief

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Parties

HKSAR

Respondent

Wong Ah Cheung

1st Appellant

Cheung For Yau

2nd Appellant

Procedural Posture

Magistracy Appeal Against Sentence to Court of First Instance / Judgment on Appeal (hearing 14 Jan 1999; Judgment 22 Jan 1999)

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the magistrate improperly imposed deterrent sentences absent evidence of prevalence
  3. 3 What are the appropriate sentences having regard to mitigation, guilty pleas and forfeiture

Ratio Decidendi

The Court held the original sentences (12 months and 8 months) were manifestly excessive and wrongly based on deterrence absent adequate evidence of prevalence; substituted sentences were 6 months imprisonment for the 1st appellant and 4 months imprisonment for the 2nd appellant, allowing the appeals in part.

Court Disposition

Appeals allowed in part; original sentences reduced.

Orders

  • Allow appeals against sentence
  • Quash original sentences and substitute imprisonment of 6 months for the 1st appellant