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Magistracy Appeal1989

THE QUEEN v. TSANG SHUI FAI

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67887-EN-1989-04-12

THE QUEEN v. TSANG SHUI FAI

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IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 70 OF 1989

_______________

BETWEEN

THE QUEEN

Respondent

And

 

TSANG Shui-fai

Appellant

_______________

Coram: Hon. Duffy, J. in Court

Date of hearing: 12th April 1989

Date of delivery of judgment: 12th April 1989

_______________

JUDGMENT

_______________

 

1. This was an appeal against sentences of one month each for two charges of giving false information to a pawnbroker, those sentences to be consecutive, and of six months for escaping from lawful custody, also consecutive to the other sentences.

2. Mr Chan who appeared on the appeal argued that while the individual sentences were not manifestly excessive, though he did suggest they were high, the combination of the three sentences, i.e. eight months, was excessive having regard to the total criminality involved. I was inclined to agree, and for that reason I reduced the sentence of six months for escaping from lawful custody to four months. I did not otherwise interfere with the sentences and made all sentences consecutive one with the other. The total sentence therefore is now one of six months imprisonment. The appeal was allowed to that extent.

           

           

 

(J.M. Duff)
Judge of the High Court

 

Miss Mary Sin, Senior Crown Counsel, for Crown

Mr Kenneth G.M. Chan inst’d by (DLA) for Appellant