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HCMA 92/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 92 OF 2010
(ON APPEAL FROM STCC 3916 OF 2009)
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| BETWEEN |
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HKSAR |
Respondent |
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and |
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KAU SZE WAI (裘詩慧) |
Appellant |
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Before: The Honourable Mrs Justice V. Bokhary in Court
Date of Hearing: 29 June 2010
Date of Judgment: 29 June 2010
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J U D G M E N T
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1. Having pleaded guilty before Ms L K Loh in the Magistrates’ Court to two charges of conspiracy to default by entering into bogus marriages, this Appellant was sentenced to a total of 16 months’ imprisonment. It was by way of one-year terms on each charge with 4 months of the term on charge 2 being made consecutive to the term on charge 1.
2. The Appellant gave the authorities some assistances before sentence and a good deal more after sentence. She would have been the main prosecution witness if the person against whom she was due to give evidence had not pleaded guilty.
3. I do not think that the total sentence passed on her was wrong when it was passed, but she is now entitled to a considerable reduction for the assistance which she gave the authorities after she had been sentenced.
4. She was released to bail after serving about 7 months’ imprisonment. On the basis on her further assistance and in all the circumstances, I will reduce her total sentences so that she does not have to return to prison. I will do this by allowing her appeal against sentence so as to reduce the term on each charge to 9 months’ imprisonment and make these terms wholly concurrent.
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(V. Bokhary) |
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Judge of the Court of First Instance |
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High Court |
Mr Jonathan Acton-Bond, instructed by Messrs T H Koo & Associates (assigned by the Legal Aid Department), for the Appellant
Miss Rosa Lo, of the Department of Justice, for the Respondent
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