HKSAR v. SO WAI LUN

HCMA938/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 938 OF 2006

(ON APPEAL FROM ESCC 1085 OF 2003)

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BETWEEN

  HKSAR Respondent
  and  
  SO WAI LUN (蘇偉倫) Appellant

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Before : Hon Nguyen J in Court

Date of Hearing : 19 December 2006

Date of Judgment : 19 December 2006

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J U D G M E N T

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1. The magistrate found the appellant was morally blameless and the prosecution both in the Court of Final Appeal and here properlyconceded that a sentence of imprisonment on such a defendant would not be just.

2. I therefore allow the appeal against sentence to the extent that the sentence on the appellant is now substituted by an order thathe enters into a recognizance in the sum of $1,000 to be of good behaviour for the next 12 months.

  (Peter Nguyen)
Judge of the Court of First Instance,
High Court

Mr Leung Cheuk Yin, David, SGC of Department of Justice, for HKSAR

Mr Philip Dykes, SC, instructed by Messrs Ho & Ip, for the Appellant