R. v. CHAU YU TING and Another

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 778 OF 1995

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J U D G M E N T

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1. The appellants were convicted after trial on a charge of theft. They had been jointly charged with two other persons, one being the 1st appellant's wife, who had pleaded guilty.

2. The appellants were each sentenced to 15 months' imprisonment. They now appeal against conviction and sentence.

3. The magistrate in his statement of findings dealt with the evidence and accepted that the prosecution witnesses had given a true account of what had taken place. On the basis of that evidence he convicted. He was entitled to do so based on those findings and there are no grounds to interfere with his decision. The appeals against conviction are dismissed.

4. When considering sentencing he took 18 months as his starting point and allowed 3 months credit for the appellants' clear records. In respect of the defendants who had pleaded guilty, he imposed sentence of 8 and 9 months' imprisonment respectively.

5. The appellants have submitted compassionate grounds but these do not of themselves justify allowing the appeal against sentence. They do have however some slight grounds for feeling aggrieved when their sentences are compared to those who pleaded guilty. With some reservations I will allow the appeals against sentence and order that the terms of imprisonment be reduced to 13 months.