R. v. CHENG TAK

IN THE COURT OF APPEAL

1996, No. 520

(Criminal)

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J U D G M E N T

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Mayo J A giving the judgment of the Court:

1. The applicant seeks leave to appeal against the total sentence of 3½ years' imprisonment which was imposed upon him in respect of one count of handling stolen goods and two counts of importing unmanifested cargo. He pleaded guilty to these three counts.

2. The goods the subject of the charges were 12 teft hand drive luxury motor cars. These were stolen in Taiwan and shipped to Hong Kong by two separate consignments. The containers containing the cars were delivered to a site in the New Territories which was let to the applicant and another man. It is evident from the agreed facts that the applicant was aware of the fact that there were cars in the containers.

3. One of the main features of the sentencing exercises which was undertaken by Deputy Judge Lin in the District Court was that he considered an application under s27(4) of the Organised and Serious Crimes Ordinance Cap 455 to make a determination that the offences in question constituted an organised crime. There can be no doubt that both offences came within the schedule of offences to the Ordinance and that a requisite notice was served upon the applicant.

4. Having said that in the context of the matters coming within the ambit of the Ordinance the offences in question would come at the lower end of the scale of offences.

5. However the total value of the vehicles stolen was of the order of $8.8 million and there was evidence to the effect that this type of crime was presenting problems to the relevant authorities.

6. The trial judge adopted a starting point of three years and added two years enhancement consequential upon his determination that the crime was an organized crime.

7. Before us the applicant claimed that he was used by others. He also contended that the crime in question was not an organised crime. He suggested that the judge may have misunderstood the situation. He also referred to the difficult family situation which arose out of his wife's mental condition.

8. We are satisfied however that the judge appears to have reached the right sentence at the conclusion of the matter. The original starting point may have been on the low side but after taking into account the additional features of this case the sentence arrived at was not manifestly excessive. This application is dismissed.