刑事檢控科各律師/高級律政 - Department of Justice

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(2) Although the magistrate did not specifically turn her mind to the
question of suspended sentences or community service orders, she was
correct in deciding that an immediate custodial sentence was
appropriate in the circumstances. The need for a deterrent element in
sentences was all-important;
(3) The magistrate did not give sufficient attention to the personal
circumstances and the hitherto clear record of the Appellants, and the
deterrent purpose would be served by a lesser period of imprisonment.
Result - Appeal allowed.
substituted.
Sentences of 6 weeks’ imprisonment
MA 1131/99
Beeson J
(7.9.2000)
*Kevin Zervos
#Graham Harris
THAPA
Magdalena E
Theft by maid from employer/Offender of Previous good
character/Comments on desirability of pre-sentence reports
-
-
The Appellant was convicted after trial of an offence of theft.
She was sentenced to 2 months’ imprisonment.
The evidence showed that she stole $162 from her employer
while working as a shop assistant.
Held :
On appeal
(1) Although the Appellant was a woman in her thirties with a
previous clear record, the magistrate did not consider any other form of
sentence, apart from the possibility, which he ruled out, of a suspended
sentence;
(2) What was more important was that no background reports were
obtained, nor was consideration given to the possibility of a probation
order, or a community service order, for what was a first offender with
a good employment record. Although it was not always incumbent
upon a magistrate when sentencing a first offender to obtain reports, as
a rule of practice it was sensible for magistrates to seek such reports in
all cases where a first offender appeared on a fairly serious charge such
as this;
(3) Had reports been obtained, the magistrate might well have come
to a different conclusion about the Appellant’s sentence. For that