6 Mar 2009
Given the substantial quantity of obscene DVDs (1,825), the high degree of obscenity including deviant practices, the sale from a shop and the appellant's extensive record of similar convictions including recent ones, a global sentence of 14 months' imprisonment (reduced from a 21‑month starting point to reflect the guilty plea) was appropriate and not manifestly excessive.
31 Jul 2008
The appropriate pre-enhancement starting point for this defendant was 18 months given the facts (2,257 DVDs of lower-end obscenity and defendant as person-in-charge); the defendant's persistent and similar prior convictions warranted an enhancement of one third to a 24-month starting point, and after applying a one-third discount for an early guilty plea the proper sentence is 16 months; the magistrate's failure to articulate the pre-enhancement starting point justified appellate intervention and reduction of the sentence from 20 to 16 months.
10 Nov 2005
Given the substantial quantity (775 DVDs), explicit sexual content, commercial sale at a notorious outlet where the unlawful trade was prevalent, the sentencing judge did not err in imposing eight months' imprisonment and a fine of HK$20,000; deterrence justified the custodial term and fine, so the appeal against sentence fails.
24 Aug 2005
The appeal was dismissed because the magistrate legitimately treated the appellant as a persistent offender, adopted appropriate starting points, properly inquired into ability to pay, and relied on comparable authorities establishing that fines together with imprisonment are permissible in these circumstances.
13 Sept 2004
The magistrate was justified in adopting an 18 month starting point given the location and the appellant's antecedents, was entitled to impose a fine in addition to imprisonment, and the imposition of 3 months in default was within the statutory power under s68; the overall sentence did not exceed the maximum and the appeal is dismissed.
30 Jan 2004
The magistrate did not err in principle in imposing 8 months imprisonment and a $20,000 fine (with 3 months default) because the starting point of 12 months was lenient given the large quantity of items and the appellant's prior similar offence and long record; the plea discount was applied; the sentence was not manifestly excessive and was appropriately deterrent.
17 Sept 2002
The magistrate's sentencing choices were within established sentencing ranges for commercial distribution of obscene VCDs, appropriately reflected aggravating factors (large quantities, commercial operation, repeat offending including offences on bail), applied a one‑third reduction for guilty pleas and applied the totality principle to reach an overall effective sentence of 21 months and fines totalling HKD 64,000; therefore the appeal against sentence is dismissed.
20 Aug 2002
Given the substantial quantities, commercial nature of the operation, the appellant's extensive prior convictions and that offences were committed while on bail, the magistrate's overall sentence of 18 months imprisonment with fines totalling HKD 10,000 (after applying a one-third guilty plea discount and appropriate concurrency/concurrency ordering) was lawful and appropriate; the appeal is dismissed.
19 Dec 2001
The Court held that although the magistrate's approach was within principle, a lower starting point was justified given this was the appellant's first offence of this type, the admitted low degree of obscenity and the modest quantity of VCDs; the Court reduced the starting point to 12 months, applied the one‑third discount and imposed an 8‑month sentence to run consecutively to the 2 months for the drug offence.
1 Feb 2001
The magistrate's sentencing exercise was proper: a 15-month starting point was justified by the commercial and prevalent nature of the offences; reduction to 10 months for the plea was appropriate; ordering concurrent terms was proper; fines of HK$5,000 per offence were appropriate to remove profit and deter, and the magistrate was entitled to rely on representations that the appellant could pay; appeal dismissed.