11 Apr 2006
Appeal dismissed because the magistrate's sentencing was within the established range, was supported by the appellant's guilty plea and admissions, there were no mitigating factors warranting reduction, and the fine deducted from bail with counsel's consent was valid.
3 Dec 2003
The court upheld a starting point of 12 months for the offences given quantity and assessment of obscenity, then reduced the sentence to 8 months for guilty plea and mitigation (family circumstances, physical disability, no similar prior convictions) and applied a further 2‑month early plea discount under local practice, resulting in concurrent six‑month sentences which the court found justified and therefore dismissed the appeal.
15 Nov 2002
The appellate court upheld the magistrate's sentencing: starting points of 15 months per offence reduced by one third for guilty pleas were appropriate; fines imposed in addition to imprisonment did not constitute double punishment; concurrent sentences were justified for offences forming part of the same enterprise while a consecutive sentence was justified for a separate offence committed shortly after the first offence and custody, therefore the overall sentence and fines were not excessive and the appeal was dismissed.
31 Jan 2001
The starting point of 15 months was not excessive; a reduction to 10 months for each offence for the guilty plea was appropriate; sentences should run concurrently; fines of HK$5,000 per offence were reasonable given profits and the appellant's ability to pay; appeal dismissed.
8 Jan 1999
The magistrate's starting point was not unreasonable given the quantity, nature of the obscene material and repeat offending; however the magistrate erred in failing to apply the customary one-third discount for guilty pleas without adequate reasons, so sentences were reduced to reflect the proper discount and reconfigured as concurrent with a specified consecutive element, producing a total of 13 months imprisonment.
28 Aug 1997
The magistrate erred by imposing substantial fines without making inquiry into the appellant's financial capacity; bail funds are not conclusive evidence of ability to pay; therefore the fines were quashed while the immediate custodial sentence and the enforcement of the existing bond were upheld.
28 May 1993
The magistrate had properly considered the appellant's prior convictions and the facts (101 tapes); the 9‑month sentence to run consecutively to the earlier 4‑month term was not an error of principle nor manifestly excessive, therefore the appeal must be dismissed.