刑事檢控科各律師/高級律政 - Department of Justice

35
(1)
(2)
20
[English digest
of MA 585/2000
above]
Chu DJ
(30.8.2000)
*J Man
#Selwyn Yu
CHEUNG
Man-hang
Copyright offence/Young offender/Sentencing considerations/
Community service order not appropriate for recidivist
The Appellant pleaded guilty to an offence contrary to ss
118(1)(d) and 119(1) of the Copyright Ordinance, Cap. 528. The
magistrate called for a probation report and a training centre report.
The probation officer considered the Appellant not suitable for a
probation order but suitable for a community service order. The
Appellant was sentenced to detention in a training centre.
On appeal, it was submitted, inter alia, that the sentence was
manifestly excessive and the magistrate should have ordered the
Appellant to serve a community service order.
Held :
(1) Such an offence was to be considered serious. A custodial
sentence was inevitable. The Appellant committed the present offence
three months after she was convicted of an offence under the Trade
Descriptions Ordinance for which she was ordered to serve a
community service order. It was obvious the CSO did not have a
deterrent effect on her;