29 Feb 2000
HKSAR v. SUEN SHUN WING
- Citation
- HKSAR v. SUEN SHUN WING
- Court
- Court of First Instance
- Case number
- HCMA1248/1999
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…