THE QUEEN
CHUNG FOR YAM
Mr David Leung
Mr H.Y. Wong (DLA)
HCMA 845/1996
HCMA000845/1996
IN THE SUPREME COURT
1996, No. 845 Magistracy Appeal
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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
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