14 Mar 2007
The convictions were quashed because the evidence did not and could not establish that the two appellants exercised operational control or managed the premises as a whole; they were not managers of the vice establishment under the legal test for management, therefore the convictions and sentences were set aside and costs awarded to the appellants.
23 Apr 2004
Although the magistrate did not expressly address the separate element that the premises were 'kept' as a vice establishment, the accepted evidence (recruitment of girls and the routine offering of extended sexual services at a stated price) necessarily established that the premises were kept as a vice establishment; the omission did not cause unfairness and the conviction is upheld.
11 Feb 1997
The conviction of the 2nd appellant was quashed because the evidence established only his presence and an admission that he cleaned the premises; there was no evidence of active participation or control required to prove assisting in management. The 1st appellant's conviction was upheld because witness evidence and his admission that he greeted customers, introduced girls and collected money established management of a vice establishment beyond reasonable doubt.
19 May 1995
The Court upheld the trial judge's acceptance of the undercover officer's testimony as truthful and accurate and applied the Tang three-part test to conclude the applicant assisted in management of the vice establishment; therefore the conviction was not unsafe. The sentence of 15 months imprisonment was within permissible range and not manifestly excessive given the statutory maximum and the applicant's prior record, so the appeal against sentence was refused.
1 Nov 1988
Where employees merely provide sexual services without exercising control or participating in management they are not guilty of assisting in management under s.139; conversely presence in a managerial role or handling of illicit proceeds supports conviction; sentencing for first offenders must be moderated where no aggravating factors exist, warranting reduction of custodial terms.
11 Oct 1988
The uncontradicted undercover evidence of lewd conduct and payments on 28 December established that the premises were used mainly by women for prostitution under s.117; marked money found in the cashier's drawer and the roles of the appellants in escorting customers and collecting fees supported a finding that they had knowledge of the illicit business, therefore the magistrate's convictions were upheld.
31 Mar 1988
An admission of being 'in charge' can establish the offence of managing under s139(b) because 'otherwise in charge or control' encompasses managers; persons who go beyond menial duties and exercise control over hostesses and billing can be convicted of assisting in management; the magistrate's factual findings as to premises, admissions and conduct provided sufficient evidence to uphold convictions.
13 Nov 1986
The magistrate and appellate court accepted D.1's cautioned admission that he was the manager and, given the size and primary purpose of the premises for gambling, concluded he knowingly managed premises used as a gambling establishment; D.2's issuance of membership and opening of accounts and D.3's role as cashier were direct, non-menial functions facilitating gambling and sufficed to show assistance in management; defendants failed to discharge the burden to prove the statutory exception in section 3(4).
13 Sept 1983
The magistrate legitimately accepted police evidence establishing that sexual services were offered for payment at the premises, that the appellant as cashier assisted in management, and that the prior warning was relevant to knowledge; given the factual findings and sentencing statistics showing increase in offences, the six month immediate custodial sentence was not excessive and both conviction and sentence were upheld.
9 May 1983
The magistrate's accepted factual findings — the premises' layout, lighting and observed lewd conduct on two successive days — satisfied section 117(3) that the premises were a vice establishment and established habitual user; given those findings, the roles performed by the appellants (manager, usher, cashier) constituted managing or assisting in the management under binding authorities; the magistrate's credibility assessments and admission of police evidence were lawful; therefore convictions were safe and must be upheld, while the custodial sentence of nine months for the 5th appellant wa…