HKSAR v. YEAP BOUN LONG
- Citation
- HKSAR v. YEAP BOUN LONG
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 26 April 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Appeal Decision by Court of First Instance (appellate Jurisdiction)
- Case number
- HCMA288/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 26 April 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Appeal Decision by Court of First Instance (appellate Jurisdiction)
- Case number
- HCMA288/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held the magistrate did not err in principle: the one‑third discount was properly applied, the two sentences were properly ordered to run concurrently, and it was proper to order the 12‑month sentence to be served consecutively to an unrelated 12‑month sentence because the offences were committed on different dates and were different; accordingly the appeal against sentence was dismissed.
Court disposition
Appeal dismissed
Orders
- Appeal against sentence dismissed
- Two 12‑month sentences to be served concurrently as imposed by the magistrate
- The 12‑month sentence to be served consecutively to an existing unrelated 12‑month sentence
02
Material facts
Parties
HKSAR
Respondent Counsel: Mr Prakash L. Daryanani, SGC, Department of JusticeYEAP BOUN LONG
Appellant Counsel: Appellant in personAmounts and remedies
- Sentence Months Per Charge: 12
- Existing Consecutive Sentence Months: 12
03
Procedural history
Posture
Criminal Appeal (magistracy Appeal) / Appeal Decision by Court of First Instance (appellate Jurisdiction)
04
Questions and positions
Legal issues
- 01
Whether the magistrate's sentences were manifestly excessive or wrong in principle
- 02
Whether a one‑third discount for guilty pleas was properly applied
- 03
Whether the two sentences should be served concurrently
- 04
Whether it was proper to order the 12‑month sentence to be served consecutively to an existing unrelated 12‑month sentence
Party arguments
- Applicant
- The appellant challenged the sentence as excessive and contended the ordering of sentences (concurrency/consecutiveness) and the totality were improper.
- Respondent
- The respondent submitted the imprisonment for the two charges was neither manifestly excessive nor wrong in principle, that the magistrate correctly applied a one‑third discount for pleas and reduced each sentence to 12 months, ordered the two sentences to run concurrently, and correctly ordered that the 12 months be served consecutively to an unrelated existing 12‑month sentence because the offences were committed on different dates and were totally different.
05
Court’s reasoning
Legal principles
- 01
Sentencing principles and magistrate's discretion
A guilty plea attracts an appropriate discount (one‑third in this case)
- 02
Sentencing principles and totality principle
Concurrent sentences are appropriate where imposed for related offences; consecutive sentences may be appropriate where offences are distinct and committed on different dates
06
Ratio, limits and disposition
Ratio decidendi
The court held the magistrate did not err in principle: the one‑third discount was properly applied, the two sentences were properly ordered to run concurrently, and it was proper to order the 12‑month sentence to be served consecutively to an unrelated 12‑month sentence because the offences were committed on different dates and were different; accordingly the appeal against sentence was dismissed.
Court disposition
Appeal dismissed
- Appeal against sentence dismissed
- Two 12‑month sentences to be served concurrently as imposed by the magistrate
- The 12‑month sentence to be served consecutively to an existing unrelated 12‑month sentence
Source and reliance status
Court of First Instance · 26 April 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 26 April 2007
bjbj HCMA288/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO.288 OF 2007 (ON APPEAL FROM STCC 1753 OF 2007) ---------------------------
BETWEEN HKSAR Respondent and YEAP BOUN LONG ( mprisonment for the two charges is neither manifestly excessive nor wrong in principle.
AUTONUMOUT The magistrate gave a proper one-third discount for the pleas and reduced the sentences to 12 months. The magistrate properly ordered that the two sentences are to be served concurrently.
AUTONUMOUT The 12 months were ordered by the magistrate to be served consecutively to the 12 months the appellant was serving for another different and unrelated offence. That is a proper order as the two sets of offences were committed on different dates and the offences were totally different.
AUTONUMOUT The appeal against sentence is dismissed. (Peter Nguyen) Judge of the Court of First Instance High Court Mr Prakash L. Daryanani, SGC of Department of Justice, for HKSAR Appellant in person
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