11 Jul 2014
The sentencing judge did not err in principle in selecting an elevated starting point because the appellant was a prolific recidivist of similar offences and deterrence required a significant custodial sentence; after a one‑third reduction for plea and a one‑month age reduction the resulting 15‑month term was not manifestly excessive and the appellate court will not disturb it.
26 Mar 2004
Given the large quantity of obscene discs (3,088) recovered from shop premises and the appellant's significant record including a recent similar conviction, the magistrate's sentencing starting point and reduction for plea were not manifestly excessive and the additional fine of $20,000 was not excessive; the appeal against sentence is dismissed.
21 Oct 2003
The court held that the fine of $20,000 was not excessive given the circumstances (large quantity of items and the appellant's record) and that the magistrate's additional reduction of sentence for the appellant's admission of obscenity was improper because that matter falls within the plea discount; consequently the custodial sentence was increased by two months to 12 months while the fine was upheld.
31 Jul 2003
The Court held that quantity is a relevant sentencing factor and that, absent exceptional mitigation, an immediate custodial sentence is required for these offences; on the facts (98 VCDs, primitive stall, but 46 prior convictions including a similar offence) the magistrate's starting point was excessive and the appropriate starting point is 12 months, therefore reducing the sentence from 15 to 12 months imprisonment.
25 Apr 2003
The magistrate's sentencing decision, which set a starting point of 12 months and reduced it to eight months to reflect the guilty plea, fell within the permissible range established by prior authorities and did not amount to a sentence wrong in principle or manifestly excessive; therefore the appeal was dismissed.
18 Sept 2002
The Court held that the magistrate adopted an appropriate starting point for a commercial sale of obscene materials containing severe examples of obscenity, that only appropriate reduction was the discount for the guilty plea and that no further mitigation warranted reducing the custodial sentence, therefore the 8 month imprisonment was not excessive and the appeal must be dismissed.
29 Feb 2000
The appeal was allowed in part because the magistrate erred in forming a finding of high depravity without viewing the VCDs given ambiguity about 'thin checkers' and visibility of offensive content; where admitted facts leave uncertainty magistrates must view material or otherwise resolve the ambiguity. Applying the correct approach the court treated the material as at the lower end of obscenity for benefit of doubt, set an appropriate starting point of 15 months for possession, applied the one-third guilty plea discount to reach 10 months, and ordered that to run concurrently with the six-mo…
23 Feb 2000
The Court held the total imprisonment of six months was not wrong in principle or manifestly excessive despite the magistrate not stating a starting point; however the aggregate fine of $12,000 lacked clear justification and was excessive, so it was reduced to $6,000 while upholding the custodial sentences.
18 Mar 1999
The magistrate's remarks about the appellant's presence and the brief facts did not create the appearance of bias and did not amount to unlawful interference with the prosecution; there was no error in law or principle in convicting the appellant. The sentence of training centre was within principled range given the facts (354 obscene VCDs) and relevant appellate precedents; the sentence was not manifestly excessive. Appeals against conviction and sentence dismissed.
5 Feb 1999
The appeal was dismissed because the learned Magistrate properly applied the AG v Tang King Ming criteria: the articles were obscene, the trade was flourishing, the appellant contributed to it, and deterrence required immediate custodial sentences with substantial fines; the Magistrate's sentencing was not flawed and should be upheld.