IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 343 OF 2002
(ON APPEAL FROM NKCC 747/2002)
Coram: Hon Beeson J in Court
Date of Hearing: 10 July 2002
Date of Judgment: 10 July 2002
J U D G M E N T
1. This Appellant was convicted in the Magistracy on one count of Engaging in Bookmaking, contrary to Section 7(1)(a) of the Gambling Ordinance, Cap. 148. He was sentenced to 4 months’ imprisonment by the Magistrate and now appeals against that sentence.
2. There are 2 grounds of appeal. The first, is that the sentence is manifestly excessive because the Magistrate failed to give considerationto various mitigating factors which were set out as; a small scale operation managed by the Appellant; the absence of evidence showingthis was a long-term activity; his plea of guilty and his contribution to the community. There is no validity on this ground whatsoever;the Magistrate was apprised of these matters, took them into account and quite properly fixed sentence at the 4 months from a startingpoint of 6 months.
3. The second ground is a humanitarian ground on the basis that the Appellant’s former wife is suffering terminal breast cancer. Thisground was not put before the Magistrate. It was quite obvious it was a matter that had either arisen recently, or had been thoughtof recently. I cannot see any justification for reducing the sentence on this ground; the Appellant has been divorced since the year2000.
4. This appeal is dismissed.
Miss Lily Ho, SGC, for HKSAR
Mr Raymond Yu, instructed by Messrs Chan & Tsu, for the Appellant