THE QUEEN v. SO LO

THE QUEEN v. SO LO

Given the commercial nature of the offence, the appellant's recent prior conviction for a similar offence, and the necessity of deterrence to protect regulated trade, the magistrate did not exceed his discretion in imposing an immediate custodial sentence of three months; the sentence was not incorrect or manifestly excessive.

Citation
THE QUEEN v. SO LO
Parties
Appellant: So Lo; Respondent: The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 1993
Case Number
HCMA1178/1992
Procedural Posture
Magistracy Appeal / Appeal From Magistrate Sentence
Outcome
appeal dismissed
Legal Topics
Attempted Export of Unmanifested Cargo, Deterrence in Sentencing, Repeat Offending, Manifest Requirements, Proportionality of Sentence
Source Language
EN
Criminal Law Customs and Excise Sentencing Smuggling Attempted Export of Unmanifested Cargo Deterrence in Sentencing Repeat Offending Manifest Requirements +1 more

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Parties

So Lo

Appellant

The Queen

Respondent

Procedural Posture

Magistracy Appeal / Appeal From Magistrate Sentence

Legal Issues

  1. 1 Whether a three month immediate custodial sentence for attempting to export unmanifested cargo was excessive
  2. 2 The weight to be given to deterrence in sentencing for smuggling offences
  3. 3 Whether prior related conviction justifies a custodial sentence on repeat offending

Ratio Decidendi

Given the commercial nature of the offence, the appellant's recent prior conviction for a similar offence, and the necessity of deterrence to protect regulated trade, the magistrate did not exceed his discretion in imposing an immediate custodial sentence of three months; the sentence was not incorrect or manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; sentence of three months' imprisonment upheld.