HKSAR v. YANG XIU HAO

HCMA 315/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 315 OF 2008

(ON APPEAL FROM TMCC 69/2007)

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BETWEEN

HKSAR Respondent
and
YANG XIU HAO (楊修好)(D2) Appellant

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Before: Deputy High Court Judge Line in Court

Date of Hearing: 20 May 2008

Date of Judgment: 20 May 2008

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J U D G M E N T

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1. This is an appeal against sentences totalling 19 months following pleas of guilty to unlawfully remaining in Hong Kong and theft. The theft involved entry into a container that had been converted into an office. That office was ransacked and electronic consumeritems to the value of $11,200 were stolen. The goods were not recovered.

2. This appellant entered pleas of guilty and the sentence for the unlawful remaining was the standard 15 months’ imprisonment. Themagistrate took a starting-point of 9 months for the theft and imposed 6 months after plea ordering that 4 months be consecutiveand 2 concurrent to the 15 months, making a total of 19.

3. The appellant today says that people in prison with him have committed worse crime and received lesser sentences. I frankly findthat hard to believe. But even if it were so, it would not persuade me to reduce the sentences here which, if anything, were onthe light side. The appeal against sentence is dismissed.

(P Line)
Deputy High Court Judge

Mr Tam Sze-lok, Senior Government Counsel, of the Department of Justice, for HKSAR

Appellant, Yang, Xiu-hao (楊修好), in person