香港特別行政區 訴 黃水山

香港特別行政區 訴 黃水山

The original 10‑month sentence was excessive. Given the low value of the item (HK$50), absence of premeditation or breaking tools, no illegal‑entry aggravating factor, the long gap since prior convictions, the appellant's employment and family responsibilities and that he had served over two months, the appropriate...

Source-derived case information.

Citation
香港特別行政區 訴 黃水山
Parties
Appellant: TRINH THANH SON (黃水山); Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2013
Case Number
HCMA862/2012
Procedural Posture
Criminal Sentencing Appeal / Appeal Hearing at High Court (origins)
Outcome
Appeal allowed; original sentence quashed and substituted
Legal Topics
Sentence Parity and Starting Point, Plea Mitigation, Application of Precedents
Source Language
ch
Criminal Law Sentencing Theft Unauthorised Entry Sentence Parity and Starting Point Plea Mitigation Application of Precedents

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Summary, issues, holding and outcome

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Parties

TRINH THANH SON (黃水山)

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Sentencing Appeal / Appeal Hearing at High Court (origins)

  1. 1 Whether the original 10‑month sentence was excessive
  2. 2 What is the appropriate sentencing starting point for unlawful entry combined with theft of low‑value item
  3. 3 How precedents (eg 張道明案, 香港特別行政區訴喻俊) apply to facts here

Ratio Decidendi

The original 10‑month sentence was excessive. Given the low value of the item (HK$50), absence of premeditation or breaking tools, no illegal‑entry aggravating factor, the long gap since prior convictions, the appellant's employment and family responsibilities and that he had served over two months, the appropriate starting point was 3 months; after a one‑month reduction for guilty plea the substituted sentence is 2 months immediate imprisonment, and the appeal is allowed.

Court Disposition

Appeal allowed; original sentence quashed and substituted

Orders

  • Quash original sentence of imprisonment for 10 months
  • Substitute sentence of imprisonment for 2 months, to be served immediately