10 Aug 1988
THE QUEEN v. TAM KIT CHEONG
- Citation
- THE QUEEN v. TAM KIT CHEONG
- Court
- Court of First Instance
- Case number
- HCMA534/1988
The Court confirmed that a sentence of 15 months' imprisonment should remain the basic guideline for most offences under s.38(1) to achieve deterrence, but where the executive's long‑standing policy of non‑enforcement has justifiably lulled individuals into a belief they would not be prosecuted, that conduct is a legitimate mitigating factor warranting substantial reduction; applied to the facts, eight first‑time appellants' 15‑month sentences were varied to 6 months, while a repeat offender's 18‑month sentence was upheld.