SO MING SHET v. THE QUEEN

SO MING SHET v. THE QUEEN

Because the magistrate was unaware of the Chief Justice's decision in Wong Keung and had not given proper effect to the defendant's prima facie right of abode and other mitigation, the appellate court reduced the six month sentence to a term permitting immediate release.

Source-derived case information.

Citation
SO MING SHET v. THE QUEEN
Parties
Appellant: SO MING SHET; Respondent: THE QUEEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 1992
Case Number
HCMA80/1992
Procedural Posture
Magistracy Appeal (criminal) / Appeal to the High Court (appellate Jurisdiction) Judgment Delivered
Outcome
Original sentence of six months' imprisonment reduced to a term permitting immediate release; appellant to be released forthwith.
Legal Topics
Use of Unlawfully Obtained Travel Document, Right of Abode, Mitigation, Failure to Consider Binding Authority, Sentence Reduction
Source Language
en
Criminal Law Immigration Law Sentencing Appellate Review Use of Unlawfully Obtained Travel Document Right of Abode Mitigation Failure to Consider Binding Authority +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

SO MING SHET

Appellant

THE QUEEN

Respondent

Procedural Posture

Magistracy Appeal (criminal) / Appeal to the High Court (appellate Jurisdiction) Judgment Delivered

Legal Issues

  1. 1 Whether the magistrate failed to take into account relevant authority (Wong Keung) and the defendant's prima facie right of abode when sentencing
  2. 2 Whether the six month sentence was excessive and required reduction on appeal
  3. 3 Appropriate remedy where sentencing judge was unaware of relevant authority

Ratio Decidendi

Because the magistrate was unaware of the Chief Justice's decision in Wong Keung and had not given proper effect to the defendant's prima facie right of abode and other mitigation, the appellate court reduced the six month sentence to a term permitting immediate release.

Court Disposition

Original sentence of six months' imprisonment reduced to a term permitting immediate release; appellant to be released forthwith.

Orders

  • Reduce sentence so as to permit the appellant to be released today
  • Appellant to be released immediately