R. v. CHAN WAI CHOI
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HCMA001496/1996
1996, No. MA 1496
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| CHAN WAI CHOI | Appellant |
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Coram: Hon Sears, J. in Court
Date of hearing: 6 March 1997
Date of judgment: 6 March 1997
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J U D G M E N T
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1. This is an appeal against sentence by Mr Yuen in North Kowloon Magistracy. The charge was one of managing a vice establishment and the evidence was abundantly clear. It is a question of fact for the magistrate to decide on the evidence before him.
2. I have read all of the papers and all the evidence, I can find nothing which flaws the conviction. The appeal against conviction is dismissed.
3. The magistrate sentenced the appellant to six months' imprisonment saying that this was the usual tariff. I do not know what he meant. It may be that is what the sentence he normally passes, but there is a difference in principle between keeping a vice establishment and managing one. How long the Appellant had been there is difficult to say. It may be that immediate sentences of imprisonment would be passed. However, this is a person of forty-one years of age of good character. One must have regard to people's good character.
4. In my judgment the appropriate sentence here would have been a suspended sentence. However the appellant has virtually served his sentence. So what I propose to do is to reduce the sentence from six months' imprisonment to one month's imprisonment which means his immediate release.
| (R.A.W. Sears) Judge of the High Court |
Representation:
Mr David Leung, S.C.C., for Crown/Respondent
Mr Peter R. Callaghan, inst'd by M/s Ivan Tang & Co., for Appellant