R. v. LE QUANG THENG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 876 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 12 months for common assault. The appellant, a prisoner at Stanley Prison, having been convicted of an assault of a Correctional Services Officer.

2. I have no quarrel with the learned magistrate when he states quite correctly, in my view, that any sentence for an offence of this nature must be served consecutively with sentences the appellant is presently serving. However, I take issue with the learned magistrate when he imposes the maximum penalty for an offence of this nature. The maximum penalty should always be reserved for the worst case of its kind. This was not such a

case. I was satisfied that a sentence of 6 months was sufficient penalty in the circumstances, that sentence to be served consecutively with the appellant's present sentence for manslaughter.

3. I therefore allowed the appeal to that extent.