Hong Kong Judgment

Court of First Instance

HKSAR v. YEAP BOUN LONG

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Source document

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 Justice

YEAP BOUN LONG

Appellant Counsel: Appellant in person

Amounts and remedies

  • Sentence Months Per Charge: 12
  • Existing Consecutive Sentence Months: 12

03

Procedural history

  1. Posture

    Criminal Appeal (magistracy Appeal) / Appeal Decision by Court of First Instance (appellate Jurisdiction)

04

Questions and positions

Legal issues

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

  1. 01

    Sentencing principles and magistrate's discretion

    A guilty plea attracts an appropriate discount (one‑third in this case)

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 26 April 2007

HKSAR v. YEAP BOUN LONG

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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