HKSAR v. NGUYEN VAN NANG

HCMA65/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 65 OF 1999

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J U D G M E N T

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1. The Appellant appeals against conviction and sentence. However, nothing has been advanced by the Appellant in support of his appeal against conviction. I have checked the transcript very carefully and I do not see that there is anything that can give rise to any suspicion that the Magistrate was wrong to convict the Appellant. He accepted the prosecution's case and evidence, based on which he convicted the Appellant. I therefore dismiss the appeal against conviction.

2. In respect of sentence, the Magistrate passed a sentence of four months' imprisonment in respect of the charge against the Appellant for possession of dutiable goods. The dutiable goods involved were 22 cartons of cigarettes.

3. Looking at the record of previous convictions that the Appellant has, including no less than seven previous similar convictions that all took place in the year 1998, it appears to me that the sentence of four months' imprisonment was on the low side. But I do not think it proper for me to increase the sentence. The Magistrate was lenient to the Appellant. I dismiss the appeal against sentence.