HKSAR v. ERDENETSETSEG SANDAGDORJ AND ANOTHER
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HCMA851/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 851 OF 2006
(ON APPEAL FROM KCCC 4684 OF 2006)
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BETWEEN
| HKSAR | Respondent | |
| and | ||
| ERDENETSETSEG SANDAGDORJ | 1st Appellant | |
| OTGONDAVAA BUMBALAI | 2nd Appellant |
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Before : Hon Nguyen J in Court
Date of Hearing : 6 October 2006
Date of Judgment : 6 October 2006
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J U D G M E N T
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1. The sentences imposed by the magistrate were neither manifestly excessive nor wrong in principle and were wholly appropriate. However, the fact that the 2nd appellant is now pregnant for three months was not brought to the attention of the magistrate, nor was the fact that the 1st appellant’s mother who is looking after their three children, aged 9, 12 and 14 years is aged 76 and is suffering from bad health.
2. In my view, the two appellants were clearly under the influence of their husbands when they assisted their husbands to commit the offence.
3. For purely humanitarian reasons, I will reduce the sentence of each appellant by three months, and their appeals are allowed to that extent.
| ( Peter Nguyen ) Judge of the Court of First Instance High Court |
Ms Kathie Cheung, GC of Department of Justice, for HKSAR
The 1st and 2nd Appellants in person, present