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HCMA000330/1991
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY CRIMINAL APPEAL NO. 330 OF 1991
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BETWEEN
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THE QUEEN
AND
TSANG WAI KWAN
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Coram: Hon. Barnes, J. in Court
Date of Hearing: 24 July 1991
Date of Delivery of Judgment: 24 July 1991
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J U D G M E N T
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1. I have already briefly given my reasons for dismissing the appeal against conviction. In so doing, I made it clear that in my view the evidence did no more than establish that the occurrence had barely crossed the threshold of direction of a prostitute for the purposes of gain.
2. I am, therefore, of the view that this was an offence at the lowest end of the scale, and one which did not warrant a custodial sentence.
3. The appellant had no previous convictions. The only adverse comment made about her was that she did had some behavioural problem but that in itself did not warrant an order for her to be detained in a Training Centre.
4. I, therefore, allow her appeal against sentence. I quash the sentence because she has already served 3 months in detention. I simply order that she be absolutely discharged.
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(E.C. Barnes) |
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Judge of the High Court |
Representation:
Mr. Paul Leung, C.C. for Crown.
Mr. Michael J. Gerber (D.L.A.) for Appellant: TSANG Wai-kwan.
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