15 Dec 1981
THE ATTORNEY GENERAL v. CHAN WAI-LAN AND OTHERS
- Citation
- THE ATTORNEY GENERAL v. CHAN WAI-LAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CAAR19/1981
The magistrate's routine imposition of absolute discharges for first offences under s.17C(3) was wrong in principle and manifestly inadequate because it ignored the legislative purpose and deterrent effect; the Court of Appeal will apply the same 'manifestly inadequate/excessive' test as on appeal and set a guideline fine range of $150–$200 for a first offence, modifiable for aggravating or mitigating factors; Crown counsel may make full submissions on review, and any substituted sentence must allow an allowance for double peril.