WAN TAI v. THE QUEEN

Coram: Trainor, J.

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JUDGMENT

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1. The appellant in this case was convicted on two charges of attempting to pervert the course of justice and was sentenced to three months' imprisonment on each charge the term to run concurrently. Briefly the facts were that a son of the appellant with another boy was charged with an offence and the appellant with the mother of the other accused offered money to witnesses to persuade them not to give evidence or to change their evidence concerning the two boys. Having found both of the women guilty the learned magistrate sentenced the other woman to 18 months' imprisonment suspended for two years but in the case of this appellant he sentenced her to three months' imprisonment on each count the sentences to run concurrently. As I said earlier she now appeals against that. Having been convicted and sentenced she applied for and obtained bail pending this appeal. In this case these two women committed an identical offence. The learned magistrate was able to see a distinction between the two of them but I must confess that I find it difficult to appreciate that such a distinction exists. It is of course true that because one person receives an inadequate sentence it does not follow that the more severe penalty imposed on his accomplice should, automatically, be reduced on appeal.

2. Mr. Van Buuran has put the case for this woman from every aspect and I must say that I am inclined to agree with him. This is a woman aged 61 who did what she did because of the situation in which her son was. She did no more in my opinion and no less than the other woman. Despite what I said a moment ago I still feel that there should not have been any distinction in the sentences then imposed. Had the two accused been sentenced to three months' imprisonment I would not have been disposed to differ; I utterly disagree with any suggestion that this is an offence that could be considered as being insignificant or venial. It is a very serious offence and one that almost invariably demands a term of imprisonment. However, this is a case of a mother aged 61 of heretofore unblemished character endeavouring to assist her son. I feel that had circumstances been different this woman would have spent her life without ever having come in conflict with the law. In the circumstances I am going to allow this appeal, but with the greatest reluctance I might add, to extent that in substitution for the term of three months' imprisonment there will be the same sentence as was imposed on the other woman in the court below.