THE QUEEN v. TAM KWOK-YING

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 609 OF 1989

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BETWEEN

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J U D G M E N T

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1. The appellant was convicted of going equipped for stealing - a razor blade - and was sentenced to 9 months' imprisonment. He appealed against the sentence.

2. Mr Hoosen for the appellant submitted the sentence of 9 months was manifestly excessive.

3. I have had the benefit of the sentencing statistics for the offence in question for the period from January to July of this year from 5 magistracies in Kowloon.

4. In North Kowloon Magistracy there were 19 cases. The highest sentence being one sentence of 6 months. Four received 4 months and one received 1 month or less. The remaining 13 were either given suspended sentences or were fined or put on probation.

5. In San Po Kong Magistracy there were 7 cases. Two received 6 months, two received 4 months, two were put on probation and one was sent to a Drug Addiction Treatment Centre.

6. Ten cases were heard at the Kwun Tong Magistracy - two were sentenced to 6 months and two to 4 months, the others had suspended sentences or were fined or put on probation.

7. At the Shatin Magistracy there was only one case and a probation order was made.

8. South Kowloon Magistracy is the only magistracy where magistrates had imposed 9 months. There were 5 cases in South Kowloon - two received 6 months and 3 (including the instant case) received 9 months.

9. I do not know whether this type of offence is particularly prevalent in South Kowloon.

10. I allow the appeal, set aside the sentence of 9 months and substitute therefore a sentence which will result in the appellant's immediate release. The appellant has been in custody for nearly 5 months.