CHAN KAM PING v. THE QUEEN

CACC001002/1980

IN THE SUPREME COURT
	Criminal Appeal
	1980, No. 1002

BETWEEN
	CHAN KAM PING	Appellant
	and
	THE QUEEN	Respondent

Coram: Barker, J.

Date of Judgment: 18th December, 1980.

 

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JUDGMENT

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1. Chan Kam-ping, the offence of aiding and abetting the remaining in the Colony of an illegal immigrant is a serious offence which almost invariably carries with it a sentence of immediate custodial imprisonment and the length of that imprisonment is usually, unless there are aggravating or mitigating circumstances, twelve months. In your case the learned magistrate imposed a sentence of nine months. But there are a number of factors which work in your favour. First, you have a clear record, secondly you pleaded guilty, thirdly what happened was not done by any sort of pre-arrangement, fourthly, the man who was to come in was a relative of your cousin and therefore you were only helping a distant relative or someone who stood in the shoes of a distant relative and lastly, there was no question that you were to get any kind of reward for what you did. I am still of the view that what you did merits an immediate sentence of imprisonment. Nevertheless, taking all the matters which I have adverted to into account I am of the view that a sentence of 9 months' imprisonment was too long. I shall substitute a sentence of 4 months' imprisonment.

 

Representation:

Appellant in person

Cunningham for Crown/Respondent