13 Sept 2022
Given the large quantity of obscene discs (5,122) and the appellant's extensive record of similar convictions, the trial judge's adoption of a 14-month concurrent sentence was not manifestly excessive; the Court applied the Chan Mau Lung benchmark and comparative authorities and dismissed the appeal.
3 May 2022
The Court held the sentencing magistrate lawfully exercised discretion: starting points based on number of DVDs and antecedent convictions were within the range of comparable authorities, a one-third discount for timely guilty pleas was appropriate, and the partial concurrency order producing an effective total of 20 months' imprisonment was not manifestly excessive; appeal dismissed.
12 Dec 2019
The appeal is dismissed because the sentencing judge did not err in principle or impose a manifestly excessive sentence: given the large quantities involved, the applicant's extensive and recent record of similar convictions and failure of prior custody to deter, the sentencing starting points of 18 months (possession for publication) and 9 months (publication) with a one-third guilty plea reduction and partial concurrency producing an aggregate 18 months were appropriate and within a reasonable range.
12 Dec 2019
The appeal is dismissed because the sentencing judge acted within lawful discretion: the offender is a frequent recidivist with numerous similar convictions, the quantity and nature of the obscene material warranted starting points of 18 and 9 months, a one-third guilty plea discount was correctly applied, and partial concurrency resulting in a total of 18 months imprisonment was justified and not manifestly excessive.
13 Jun 2014
The trial judge correctly assessed and applied established sentencing factors (quantity, content and sale location), reasonably reduced the starting point for age from 12 to 9 months, properly ordered the two counts to run concurrently and lawfully activated one month of an earlier suspended sentence to run consecutively, producing a total immediate term of 7 months; no error of principle or sentencing discretion was demonstrated, so the appeal failed.
15 Feb 2013
The appellate court held that the magistrate's adoption of a 20‑month starting point was manifestly excessive given comparative authority and the facts; an 18‑month starting point adequately reflected aggravating factors. Because no reasons were given for withholding the full one‑third guilty plea discount, the appellant was entitled to the full one‑third reduction, resulting in 12 months' imprisonment concurrent for each count.
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.
11 May 2006
Given the substantial quantity of obscene discs seized and established authorities setting a 9–12 month starting point with scope for higher sentences where quantity is very large, the 10 month sentence (assessed with a 15 month starting point reduced for plea) and the $5,000 fine were not excessive; appeal dismissed.
18 Sept 2002
Custodial sentences were appropriate and upheld but the financial penalty was improperly imposed given the appellant's lack of means, the use of bail funds (partly provided by others) and the evident effect of penalising a third party; accordingly the fine was quashed and the money ordered returned.
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.