HKSAR v. PHAM KIEU TRINH

HCMA 1250/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1250 OF 2003

(ON APPEAL FROM STCC 1614/2003)

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J U D G M E N T

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1. The Appellant pleaded guilty in the Magistracy to one charge of Unlawfully Remaining and one charge of Theft. On the theft charge, she was sentenced to one month's imprisonment and was sentenced to fifteen months for the immigration offence. The Magistrate activated two suspended sentences of one month each, which had been imposed on an earlier occasion in case No. ST 1560/2002.

2. The Appellant said that she wished to appeal her sentence because it is too severe and she did not know the law in Hong Kong. She said she was assisted by her clansman to come here to work as a streetsweeper. Both her parents are in bad health and she is the sole breadwinner having to care for two younger brothers.

3. The Magistrate imposed a proper sentence for the unlawfully remaining charge; the one month sentence for the theft cannot be faulted. The Magistrate took into account totality and decided not to activate the suspended sentence in full.

4. The Magistrate obviously dealt leniently with the Appellant. The sentences are not excessive nor wrong in principle. The appeal against sentence is dismissed.