HKSAR v. YUNG KWOK AND OTHERS

HCMA210/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 210 OF 1998

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J U D G M E N T

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1. In my judgment the starting point of 18 months adopted by the Magistrate was the correct starting point having regard to the circumstances of this case. But having used the starting point of 18 months, the learned Magistrate should have followed the usual practice of allowing a 1/3 reduction for pleas of guilty. Taking into account also the fact that these Appellants have clear records, I will allow the appeal to the extent of reducing the sentence passed on each of them to one of 12 months.