R. v. CHUNG FOR YAM

HCMA000845/1996

IN THE SUPREME COURT

1996, No. 845
Magistracy Appeal

BETWEEN
	THE QUEEN	Respondent
	AND
	CHUNG FOR YAM	Appellant

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Coram: Hon Mayo, J.A. in Court (sitting as an additional High Court Judge)

Date of hearing: 19 September 1996

Date of judgment: 19 September 1996

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J U D G M E N T

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Mayo, J.A.:

1. This is an appeal against the sentence of 15 months' imprisonment which was imposed upon the appellant for remaining in Hong Kong without the permission of the Director of Immigration. There is only one point on this appeal. That is the disparity between the sentence imposed on this appellant and the sentence imposed on another defendant who was caught in identical circumstances in the same case. This other defendant was a 19 year old female. She was sentenced to 9 months' imprisonment. The learned magistrate gave no reason for this disparity.

2. I think that the disparity can be described as a glaring disparity. The appeal comes within the scope of the considerations referred to in Lee Kwan Yim v. R. (unreported) being Crim App No. 727/81.

3. I consider that in all the circumstances of this case I have no alternative but to allow the appeal and substitute a sentence of 9 months' imprisonment for the term which was imposed.

Representation:

Mr David Leung for Crown Prosecutor

Mr H.Y. Wong (DLA) for Appellant

	(Simon Mayo)
	sitting as an additional High Court Judge