HKSAR v. NG SIU CHAU

CACC118/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 118 OF 1998

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

Sentence

1. We have dealt with the facts in our judgments on the application for leave to appeal against convictions. When he passed sentence the Judge referred to the very large amounts of money which were being offered to these young men and the considerable temptation this would have constituted. He was also mindful of the fraud that it was proposed should be practised on the racing community at large. He considered that 3 years was an appropriate starting point for each of these offences and 4 years taking into account the totality principle. In the event he gave the Applicant 6 months credit for his good character. He passed sentences of 2 1/2 years for each offence and made one year of the sentences consecutive to the others so as to arrive at the final result.

2. Having regard to the serious implications of the scheme and the large amount of the reward he was offering and the vulnerability of the apprentices we do not think that it can be said that these sentences were in any way excessive.

3. Even though this was in the nature of an attempt it would have had far reaching implications had it succeeded. That being the case an element of deterrence was required. This application is also dismissed.