HKSAR v. SANCHEZ CULA RENATO

HCMA000576/1999

HCMA576/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO 576 OF 1999

(On appeal from SKCC 504 OF 1999)

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BETWEEN
HKSAR Respondent
AND
SANCHEZ CULA RENATO Appellant

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Coram: Hon Mr Justice YEUNG in Court

Date of hearing: 10 August 1999

Date of delivery of judgment: 10 August 1999

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J U D G M E N T

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1. The appellant, Sanchez Cula Renato, pleaded guilty to a charge of breach of a deportation order. He was sentenced to

12 months’ imprisonment. He now appeals against the sentence on the basis that the sentence imposed was too severe. He also informedthis court this morning that his wife was seriously ill and had passed away recently while he was being detained in Hong Kong.

2. The facts of the case indicated that the appellant was found acting suspiciously in a shop with another co-accused. He was then arrested.Further enquiries by the police revealed that he was subject to a deportation order imposed on 8 August 1996. The appellant had threeprevious convictions, two of which are similar to the present offence.

3. The learned magistrate in imposing a sentence of 12 months’ imprisonment referred to previous authorities which decided that fora repeat offender, 15 months’ imprisonment is appropriate, even on a guilty plea. While the court may have sympathy for the appellantthat his wife is now dead and he has to look after his family who are dependent on him, but this is hardly a matter of too much significanceon sentence for an offence of this nature.

4. I have considered the nature of the offence, the background of this case, and that of the appellant. I am unable to say that thesentence of 12 months’ imprisonment is either manifestly excessive or wrong in principle. There is no proper basis upon which thecourt can interfere with the sentence imposed by the learned magistrate.

5. In the circumstances, the appeal has to be dismissed.

(W. YEUNG)
Judge of the Court of First Instance of the High Court

Representation:

Mr Alex LEE, Senior Government Counsel, for HKSAR

Sanchez Cula Renato, Appellant in person