HKSAR v. LAW WING CHOR
The Magistrate's sentencing approach was lawful and proportionate: adopt a six-month starting point for the offence, apply a one-third discount for the guilty plea notwithstanding extensive prior convictions, resulting in a four-month term which is not excessive; appeal dismissed.
Source-derived case information.
- Citation
- HKSAR v. LAW WING CHOR
- Parties
- Respondent: HKSAR; Appellant: Law Wing Chor
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 19 December 2000
- Case Number
- HCMA1172/2000
- Procedural Posture
- Magistracy Appeal Against Sentence / Court of First Instance Judgment on Appeal From TWCC 3447/2000
- Outcome
- Appeal dismissed
- Legal Topics
- Theft, Sentence Appeal, Mitigation, Previous Convictions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HKSAR
Respondent
Law Wing Chor
Appellant
Procedural Posture
Magistracy Appeal Against Sentence / Court of First Instance Judgment on Appeal From TWCC 3447/2000
Legal Issues
- 1 Whether the Magistrate's sentence of 4 months imprisonment was excessive
- 2 Appropriate reduction for a guilty plea given the appellant's criminal record
Ratio Decidendi
The Magistrate's sentencing approach was lawful and proportionate: adopt a six-month starting point for the offence, apply a one-third discount for the guilty plea notwithstanding extensive prior convictions, resulting in a four-month term which is not excessive; appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal against sentence dismissed
- Sentence of 4 months' imprisonment upheld
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCMA 1172/2000 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 1172 OF 2000 (ON APPEAL FROM TWCC 3447/2000) _______________ BETWEEN HKSAR Respondent and LAW WING CHOR Appellant ________________ Before: Hon Beeson J in Court Date of Hearing: 19 December 2000 Date of Judgment: 19 December 2000 _______________ J U D G M E N T _______________ The Appellant appeals against his sentence of 4 months imprisonment imposed in respect of one count of theft. The facts, which the Appellant agreed, showed that he had prized the coin-box from a game machine in an Amusement Games Centre; the sum of money that was obtained was $372.00. The Magistrate imposed the sentence having adopted a six month starting point, gave the Appellant a one-third discount and arrived at a 4 months sentence. The only mitigation before the Magistrate was the Appellant s plea of guilty, because this Appellant has a poor criminal record. He has thirteen previous convictions, twelve of them for theft. Today the Appellant says that he was wrong and he regrets his crime because he lost a decent job as a waiter. He is concerned about his family and their poor condition; he is also concerned about his mother who is living in the home for the aged. He wishes to go out so that he can be an honest and decent man again to support his family. I have some sympathy for him with these concerns, but I cannot fault the Magistrate s sentence and this appeal against sentence is dismissed. (C-M Beeson) Judge of the Court of First Instance Peter Chapman, SADPP, for DPP Law Wing Chor, Appellant in person PAGE - PAGE - & #$ & 6" HCMA 1172/2000 Molly Cheung Normal.dot Microsoft Word 8.0 N|AOj HCMA 1172/2000 Title _PID_GUID ` fL SMH8 Microsoft Word Document MSWordDoc Word.Document.8