HKSAR v. SANCHEZ CULA RENATO

HCMA576/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO 576 OF 1999

(On appeal from SKCC 504 OF 1999)

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J U D G M E N T

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1. The appellant, Sanchez Cula Renato, pleaded guilty to a charge of breach of a deportation order. He was sentenced to

12 months' imprisonment. He now appeals against the sentence on the basis that the sentence imposed was too severe. He also informed this court this morning that his wife was seriously ill and had passed away recently while he was being detained in Hong Kong.

2. The facts of the case indicated that the appellant was found acting suspiciously in a shop with another co-accused. He was then arrested. Further enquiries by the police revealed that he was subject to a deportation order imposed on 8 August 1996. The appellant had three previous convictions, two of which are similar to the present offence.

3. The learned magistrate in imposing a sentence of 12 months' imprisonment referred to previous authorities which decided that for a repeat offender, 15 months' imprisonment is appropriate, even on a guilty plea. While the court may have sympathy for the appellant that his wife is now dead and he has to look after his family who are dependent on him, but this is hardly a matter of too much significance on sentence for an offence of this nature.

4. I have considered the nature of the offence, the background of this case, and that of the appellant. I am unable to say that the sentence of 12 months' imprisonment is either manifestly excessive or wrong in principle. There is no proper basis upon which the court can interfere with the sentence imposed by the learned magistrate.

5. In the circumstances, the appeal has to be dismissed.