THE QUEEN v. WONG LAM-HOI

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1133 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of eight months imposed for two offences against the Dutiable Commodities Ordinance. In his Reasons for Sentence, the learned Magistrate said this :

" An immediate prison term was inevitable for this type of case and I considered the terms should be concurrent bearing in mind the subject matter of the A and B charges were linked. I used a twelve months starting point and reduced the term by one third - two months for the defendant's plea (limited discount being given in view of the defendant's record) and a further two months for the defendant's assistance to the Customs & Excise Department notwithstanding his handsome financial remuneration for that. I accordingly sentenced the defendant to concurrent terms of eight months imprisonment."

2. I agreed entirely with all that the learned Magistrate had to say except that I felt that in the circumstances the Appellant deserved a greater discount for his assistance to the Customs & Excise Department. Courts should go a long way towards encouraging criminals to assist the authorities in prosecuting their former accomplices. I would have allowed a discount of four months for the Appellant's assistance in this case. I therefore allowed the appeal to the extent of reducing the sentences from eight months to six months. Both will be served concurrently.