刑事檢控科各律師/高級律政 - Department of Justice

30
Held :
(1) The magistrate treated So Ming as a guide, and did not blindly
reject any other penalty;
(2) Although the factors which could lead to the imposition of a
community service order, as identified in HKSAR v Chow Chak-man
(above), were all present in this case, these had to be looked at in the
framework of the offence itself;
(3) A Driver was entitled to use a horn to warn another driver that he
was driving erratically. Any driver who did that was entitled to believe
that he would not thereafter be assaulted in consequence by an irate
driver. An offence of this type could not appropriately be dealt with by
way of a community service order. This was a case which demanded
an immediate custodial sentence;
(4) Successive attacks by, at first, one person, and then two persons
aiding each other in the attack, whereby direct injuries were
occasioned, were not a minor matter. That was not to suggest that
community service orders were not an alternative in appropriate cases
to immediate custodial sentences nor that they were available only for
minor cases. This case was of such a nature and such severity that it
warranted, even having considered the alternative of community
service, an immediate custodial sentence. The magistrate was correct
and the duration of the sentence was entirely appropriate. A
suspended sentence was not appropriate.
Result - Appeal dismissed.
MA 206/2000
Gall J
(28.8.2000)
*Kevin Zervos
#TRW Jenkyn-
Jones
PINCHES
Sydney Charles
Accepting advantage as agent/Immediate imprisonment
necessary as deterrent/Promise to testify for prosecution no
basis for discount/Effect of mitigating factors arising since
sentence
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The Appellant pleaded guilty to three offences of accepting an
advantage as an agent, contrary to s 9 (1)(b) of the Prevention of
Bribery Ordinance, Cap 201.