R. v. TANG YU BONG and Others

R. v. TANG YU BONG and Others

The magistrate properly assessed the evidence and the conviction is safe; however, on sentencing the appropriate sentence for the 1st appellant, after mitigation, is 12 months imprisonment so the original 18‑month sentence is set aside and replaced with 12 months.

Citation
R. v. TANG YU BONG and Others
Parties
Respondent: THE QUEEN; 1st Appellant: TANG YU BONG; 2nd Appellant: HO MING YIM; 3rd Appellant: LAM BUN; 4th Appellant: CHOW SUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 September 1996
Case Number
HCMA402/1996
Procedural Posture
Magistracy Appeal (criminal) / Appellate Judgment
Outcome
Convictions upheld; 1st appellant's sentence reduced from 18 months to 12 months imprisonment; other appeals against sentence dismissed.
Legal Topics
Cheating, Evidence Sufficiency, Sentencing Mitigation, Commutation of Sentence
Source Language
EN
Criminal Law Gambling Law Sentencing Cheating Evidence Sufficiency Sentencing Mitigation Commutation of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

THE QUEEN

Respondent

TANG YU BONG

1st Appellant

HO MING YIM

2nd Appellant

LAM BUN

3rd Appellant

CHOW SUI

4th Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appellate Judgment

Legal Issues

  1. 1 Whether the conviction was safe given the evidence of cheating and the reliability of the principal witness
  2. 2 Whether the magistrate erred by not specifying the precise manner or timing of the cheating
  3. 3 Whether dismissal of a related charge created a material inconsistency affecting the convictions

Ratio Decidendi

The magistrate properly assessed the evidence and the conviction is safe; however, on sentencing the appropriate sentence for the 1st appellant, after mitigation, is 12 months imprisonment so the original 18‑month sentence is set aside and replaced with 12 months.

Court Disposition

Convictions upheld; 1st appellant's sentence reduced from 18 months to 12 months imprisonment; other appeals against sentence dismissed.

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence allowed in respect of 1st appellant; original sentence of 18 months set aside and replaced with 12 months imprisonment