8 Oct 1999
HKSAR v. CHU SAI PUN
- Citation
- HKSAR v. CHU SAI PUN
- Court
- Court of First Instance
- Case number
- HCMA795/1999
Where defendants admit obscenity by s.65C admitted facts and there is sufficient material to determine level, a magistrate is not obliged to watch every offending VCD; the number of items sold to undercover officers is only one factor and does not automatically mandate a substantially lower sentence; given the prevalence of the trade and need for deterrence the Magistrate's adoption of the higher starting point was not manifestly excessive and immediate custodial sentences were justified; appeals dismissed except HCMA704/99 where sentence reduced to reflect correct plea discount.