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DCCC 833/2021
[2022] HKDC 1224
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 833 OF 2021
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| Before: |
Deputy District Judge Francis Cheng |
| Present: |
Mr Wong Shun Yin, Terry, Counsel on fiat, for HKSAR |
| |
Mr Laskey Edward F Le B, instructed by Nasirs,
assigned by the Director of Legal Aid, for the defendant |
| Offence: |
[4] Failing to surrender to custody without reasonable cause (無合理因由而沒有按照法庭的指定歸押) |
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REASONS FOR SENTENCE
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Charge 4
1. The facts of the case leading to the conviction of Charge 4 had already been mentioned in the Reasons for Verdict and I therefore do not intend to repeat the same here.
2. Suffice to say that it was a conscious choice on the part of the Defendant in not attending court on the 25 of January 2022. It was deliberate.
3. However, I take into account the fact that it was the Defendant himself who surrendered to the police 2 days thereafter.
4. As to the background of the Defendant, I have been told that he was born in Hong Kong, is now 41 years of age. Prior to his arrest he was working as a casual job worker.
5. Before me is also the criminal record of the Defendant which revealed that he was convicted at various courts on seven occasions, but none of those related to offences as that of Charge 4.
6. Having considered all the factors of the case with regard to Charge 4, submissions made on behalf of the Defendant, I am of the view that a starting point of 6 months’ imprisonment is appropriate.
7. As the Defendant pleaded not guilty to the charge, there would be no sentencing discount.
8. For Charge 4, I sentence the Defendant to 6 months’ imprisonment.
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( Francis Cheng ) |
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Deputy District Judge |
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