HKSAR v. PHAM VAN HUY

HCMA1007/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1007 OF 2007

(ON APPEAL FROM KCCC 5559 OF 2007)

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J U D G M E N T

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1. The sentence imposed by the magistrate on Charge 1, having regard to the appellant’s previous convictions which includes 21 previous convictions for similar offences as Charge 1, is neither manifestly excessive nor wrong in principle in relation to the sentence of 12 months.  In my view the sentence on Charge 4 of two months would be excessive if it were made consecutive.  

2. The two offences were committed on the same occasion and the nature of obstruction is very minor. 

3. I allow the appeal to the extent that the sentence on Charge 4 will run concurrently with the sentence on Charge 1.