THE QUEEN v. LEE SO AND OTHERS

THE QUEEN v. LEE SO AND OTHERS

The appeals were dismissed because the fines of $750 were within appropriate range and, for the second and third appellants, the existence of multiple recent previous convictions satisfied the Ho Sik-yan test that imprisonment should be considered, making a one month suspended sentence a lawful and proper deterrent...

Source-derived case information.

Citation
THE QUEEN v. LEE SO AND OTHERS
Parties
Appellant: LEE So; Appellant: CHAN Chiu; Appellant: CHEUNG Kwan-ming; Respondent: THE QUEEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Case Number
HCMA180/1984
Procedural Posture
Magistracy Criminal Appeal No. 180 of 1984 / Appeal Against Sentence; Judgment on Appeal
Outcome
All appeals dismissed
Legal Topics
Suspended Sentence, Previous Convictions, Deterrence, Statutory Maximum Penalty, Application of Precedent
Source Language
en
Criminal Law Sentencing Gambling Offences Suspended Sentence Previous Convictions Deterrence Statutory Maximum Penalty Application of Precedent

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Parties

LEE So

Appellant

CHAN Chiu

Appellant

CHEUNG Kwan-ming

Appellant

THE QUEEN

Respondent

Procedural Posture

Magistracy Criminal Appeal No. 180 of 1984 / Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 Whether fines imposed were appropriate
  2. 2 Whether suspended custodial sentences were justified
  3. 3 Whether previous convictions required consideration of imprisonment

Ratio Decidendi

The appeals were dismissed because the fines of $750 were within appropriate range and, for the second and third appellants, the existence of multiple recent previous convictions satisfied the Ho Sik-yan test that imprisonment should be considered, making a one month suspended sentence a lawful and proper deterrent response.

Court Disposition

All appeals dismissed

Orders

  • First appellant's appeal dismissed; fine of $750 upheld.
  • Second appellant's appeal dismissed; fine of $750 and one month suspended imprisonment upheld.