LEUNG CHEUNG v. THE QUEEN

CACC000703/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 703 OF 1968

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BETWEEN
	LEUNG CHEUNG	Appellant
	AND
	THE QUEEN	Respondent

Coram: Huggins, J.

Date of Judgment: 12 December 1968

 

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JUDGMENT

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Huggins, J:

1. The appellant pleaded guilty to two charges of production of false documents to procure a travel document. He was sentenced to 6 months' imprisonment, both sentences to run consecutively.

2. Although the learned magistrate has not unfortunately referred to the connection, it appears that this case has some connection with another case which I heard this morning. In that case I dismissed an appeal against concurrent sentences of 6 months' imprisonment on four charges which arose out of these same transactions The learned magistrate's Statements of Findings in the two cases were written on different days and it may be that he did not appreciate that they were connected at the time that he wrote them. In any event, as I say, he has not referred to the connection and has not given any indication why in the one case he thought it right to impose consecutive sentences and in the other concurrent sentences. I do not suggest that in the present case it was wrong to impose consecutive sentences for offences which were separate and distinct in that they related to the entry into Hong Kong of different persons. Nevertheless I find some difficulty in justifying a different total sentence in respect of the present appellant. It is true that Lam Chun-kwok had no previous convictions whereas the appellant has previous convictions - and had, indeed, only just been released from prison a few days before the first of these offences. That was a factor which was proper to be taken into account but would not justify a 100% inerease in sentence.

3. I am told that the substance of the matter is this. Lam Chun-kwok was a member of a gang which was in business to bring people illegally into the Colony and he persuaded the appellant to act as ...(illegible) of the illegal entrants with whom he was not acquainted In a sense, therefore, it is fair to say that the guilt of Lam Chun-kwok was greater than that of the appellant. In all the circumstances I think it would be wrong for me to allow sentences totalling 12 months' imprisonment to stand in the present case. Regarding the two offences as in effect amounting to a single series of transactions I direct that the sentences of 6 months' imprisonment run concurrently and not consecutively.

4. The appeal it is allowed to that extent.

 

12th December, 1968.

 

Representation:

Mr. Evans for the Respondent