A A
B B
DCCC 965/2020
C [2021] HKDC 1580 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 965 OF 2020
F F
G -------------------------------- G
HKSAR
H H
v
I LEE MAN TAI I
--------------------------------
J J
K Before: HH Judge K Lo K
Date: 24 November 2021
L L
Present: Mr Warren Louis Tang, counsel on fiat, for HKSAR
M Mr So Chun Man Johnny, instructed by Damien Shea & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: [1] Trafficking in a dangerous drug (販運危險藥物)
O O
[2] Possession of offensive weapon in a public place (在公眾
P 地方管有攻擊性武器) P
[3] Forgery of documents (偽造文件)
Q Q
[4] Forgery of a document (偽造文件)
R R
[5] Driving without a valid driving licence (駕駛時無有效駕
S 駛執照) S
[6] Using a motor vehicle without third party insurance (沒有
T T
第三者保險而使用汽車)
U U
V V
-2-
A A
B B
C -------------------------------------- C
REASONS FOR SENTENCE
D D
--------------------------------------
E E
1. The defendant was convicted on his own plea and agreement
F F
to Summary of Facts to:-
G G
(a) a charge of trafficking in a dangerous drug, contrary to
H H
section 4(1)(a) and (3) of the Dangerous Drugs
I Ordinance, Cap 134 (1st charge); I
J J
(b) a charge of possession of offensive weapon in a public
K place, contrary to section 33(1) and (2) of the Public K
Order Ordinance, Cap 245 (2nd charge);
L L
M (c) a charge of forgery of documents, contrary to section M
111(1)(a) of the Road Traffic Ordinance, Cap 374 (3 rd
N N
charge);
O O
(d) a charge of forgery of a documents, contrary to section
P P
th
111(1)(a) of the Road Traffic Ordinance, Cap 374 (4
Q charge); Q
R R
(e) a charge of driving without a valid driving licence,
S contrary to section 42(1) and (4) of the Road Traffic S
Ordinance, Cap 374 (5th charge); and
T T
U U
V V
-3-
A A
B B
(f) a charge of using a motor vehicle without third party
C insurance, contrary to section 4(1) and (2)(a) of the C
Motor Vehicles Insurance (Third Party Risks)
D D
Ordinance, Cap 272 (6th charge).
E E
Facts
F F
G 2. At around 0118 hours on 3 July 2020, police on patrol spotted G
a private car registration number VY9537 manoeuvring around the Caltex
H H
Petrol Station air pump at 89 San Wai Tsuen, San Tam Road, Lok Ma Chau,
I but the driver did not alight from the car. Police intercepted the car and I
told the driver, ie the defendant, to switch off the ignition.
J J
K 3. The defendant alighted and when asked if there was any K
contraband on the car, he took out a cigarette box from the storage
L L
compartment of the car’s driver door in which 23 transparent resealable
M bags containing 17 grammes of a solid containing 13.9 grammes of M
ketamine was found.
N N
O 4. Upon search of the car, a knife of 50 cm long (total length) O
with holster was found underneath the driver’s seat.
P P
Q 5. It was discovered that the car was registered under WV224. Q
The defendant had no valid driving licence and insurance. The motor
R R
vehicle licence, registration number VY9537, was not valid at the material
S time. Investigation also showed that the car was once registered under S
VY9537 but WV224 superseded to be the registration plate number of the
T T
car at the material time.
U U
V V
-4-
A A
B B
C 6. The defendant’s learner driving licence expired on 25 March C
2015.
D D
E 7. At all material times, the defendant possessed the seized drugs E
for unlawful trafficking; and he in a public place, without lawful authority
F F
or reasonable excuse, had with him an offensive weapon, namely one knife;
G and he, with intent to deceive, used a pair of number plates, VY9537, on G
the car, and likewise used one vehicle licence, VY9537, on the car with
H H
intent to deceive; he also drove the car on a road when he was not the holder
I of a valid driving licence in respect of the vehicle that he was driving; and I
he used the car on a road when there was not in force in relation to the user
J J
thereof by him such a policy of insurance or such a security in respect of
K third party risks as complied with the requirements of the Motor Vehicles K
Insurance (Third Party Risks) Ordinance, Cap 272.
L L
M Criminal Record M
N N
8. The defendant has 6 previous records relating to 7 charges
O with none similar to any of the charges for which he was convicted in this O
case. Those convictions mostly relate to violence.
P P
Q Mitigation Q
R R
9. The defendant was born in the Mainland China and he arrived
S in Hong Kong in 1994. He is single and is 28 years old now. He lived in S
a public housing estate with his maternal grandmother of which the
T T
defendant was the main carer. Both of the defendant’s parents are working
U U
V V
-5-
A A
B B
and the defendant also has a younger brother. He also has a daughter living
C apart studying Primary 2. The daughter lives with her mother. C
D D
10. The defendant received education up to Form 5 and he used
E to be a decoration worker earning $32,000 per month, but because of the E
pandemic his income dropped substantially. And he was the main
F F
breadwinner of the family, he used to contribute $5,000 monthly to his
G mother and $5,000 monthly to his maternal grandmother. He was also G
responsible for the expenses for his daughter.
H H
I 11. The defendant is now deeply remorseful for his misdeed and I
he felt sorry that he has caused worry of the grandmother. Defence counsel
J J
said because of the financial stress, the defendant made the wrong decision
K to earn quick money and committed the present offences, and that he K
promised to abide by the law in future and not to transgress the law again
L L
upon his release. In support of this mitigation, defence counsel submitted
M the letter from the defendant for the consideration of this court. M
N N
12. In relation to the 1st charge, defence counsel submitted that
O following the guideline in the case of HKSAR v Hii Siew Cheng [2009] O
HKLRD 1, the appropriate sentencing starting point for trafficking 13.9
P P
grammes of ketamine is about 4 years and 2 months’ imprisonment. He
Q submitted that by reason of the defendant’s guilty plea, he should be Q
entitled to a full one-third sentencing discount and therefore the sentence
R R
for the 1 charge should not exceed 34 months’ imprisonment.
st
S S
13. As for the 2nd charge, defence counsel referred this court to
T T
the case of HKSAR v Chan Yiu Shing and Another [2018] 1 HKLRD 990
U U
V V
-6-
A A
B B
where it said that if the offender is not less than 14 years of age, a custodial
C sentence should be imposed and that the maximum sentence is 3 years’ C
imprisonment.
D D
E 14. It is also said that there is no sentencing guideline for this E
offence and that the sentence in each case shall be determined in the light
F F
of its overall circumstances, including the nature of the weapon concerned,
G the degree of injury that might be caused, as well as the ultimate intention G
of possessing such a weapon.
H H
I 15. Defence counsel also referred this court to the case of HKSAR I
v Satwinder Singh, HCMA 198/2018, where the court viewed that a
J J
starting point of 12 months is appropriate for possessing a knife of 34 cm
K as well as the case of 香港特別行政區 訴 王威, HCMA 314/2019, where K
on appeal the court says that 7 months’ imprisonment is appropriate on a
L L
guilty plea. There is also the case of 香港特別行政區 訴 黃義輝, DCCC
M M
1063/2020, where the court imposed a sentence starting point of 9 months’
N imprisonment for possessing an extendable aluminium rod of 31cm in N
length (unextended) and 41cm in length (extended).
O O
P 16. In relation to the 3rd and 4th charge of forgery of documents P
under the Road Traffic Ordinance, defence counsel referred this court to
Q Q
the case of HKSAR v Tsang Kwun Wing, CACC 89/2004, and said that
R although there is no mentioning of the sentence of forgery of documents, R
the sentence for this kind of offence runs concurrently with a charge of
S S
theft.
T T
U U
V V
-7-
A A
B B
17. Defence counsel also referred this court to the case of 香港特
C 別行政區 訴 麥沾霆, DCCC 62/2021, as well as the case of 黃義輝. C
D D
18. He asked this court to give the defendant also a one-third
E sentencing discount by reason of his guilty plea. E
F F
Discussion
G G
19. Before sentencing, this court has considered carefully the
H H
mitigation submission by defence counsel including the mitigation letter
I I
from the defendant and the legal authorities referred to the court.
J J
1st Charge
K K
L
20. Trafficking in a dangerous drug is a very serious offence and L
personal background is seldom a valid mitigating factor. The maximum
M M
sentence for this offence on conviction of indictment is a fine of $5 million
N and imprisonment for life. N
O O
21. The court accepts the submission by defence counsel that the
P appropriate sentencing starting point for this charge is 50.4 months’ P
imprisonment and that by reason of his guilty plea he is afforded one-third
Q Q
sentencing discount. He is therefore sentenced to 33 months’
R imprisonment for this charge. R
S S
T T
U U
V V
-8-
A A
B B
2nd Charge
C C
22. The defendant is aged over 25 years old and for this reason,
D D
on conviction of this charge, the maximum sentence is 3 years’
E imprisonment. E
F F
23. The knife in question is of 50 cm in length. It is actually a
G machete knife. The blade alone measured 14 inches in length and its design G
with holes on the blade makes the same more deadly. This knife is
H H
obviously not one for normal household use but for combat.
I I
24. Compared to the nature of the offensive weapons in the cases
J J
cited to this court by defence counsel, this machete knife is much more
K vicious and lethal. The court has considered the authorities referred to the K
court and finds the weapon for these cases not as lethal as the machete knife
L L
in our case. The defendant has previous criminal convictions involving
M violence. M
N N
25. The knife at the time when seized was put under the driver’s
O seat and is therefore easily within the reach of the defendant as the driver. O
P P
26. The offence was committed in the early hours of the day when
Q the defendant was inside a car with false registration plate as well as invalid Q
vehicle licence.
R R
S 27. Having regard to the nature of the weapon and the overall S
circumstances of the case, the appropriate sentencing starting point would
T T
U U
V V
-9-
A A
B B
be 15 months’ imprisonment. The same is reduced to 10 months’
C imprisonment by reason of the defendant’s guilty plea. C
D D
3rd and 4th Charge
E E
28. On conviction, a person is liable to a fine of $10,000 and
F F
imprisonment for 3 years.
G G
29. Commission of these offences would make it very difficult for
H H
any person to identify the car in question. However, this court noted, as
I pointed out by defence counsel, the registration number was in fact the old I
registration number of this car and not one totally unrelated to the car.
J J
K 30. For each of these 2 charges, the appropriate sentencing K
starting point is 9 months’ imprisonment and the same is discounted to
L L
6 months’ imprisonment upon defendant’s guilty plea.
M M
5th Charge
N N
O 31. On first conviction of this charge, a person is liable to a fine O
of $5,000 and imprisonment for 3 months.
P P
Q 32. The defendant knew he never had a valid driving licence and Q
that his learner driving licence had expired 5 years before.
R R
S 33. The appropriate sentencing starting point is 6 weeks’ S
imprisonment and the same is reduced to 4 weeks’ imprisonment by reason
T T
of the defendant’s guilty plea.
U U
V V
- 10 -
A A
B B
C 6th Charge C
D D
34. A person convicted of the charge is liable to a fine of $10,000
E and to imprisonment of 12 months. E
F F
35. Appropriate sentencing starting point here is 9 months. The
G same is reduced to 6 months’ imprisonment by reason of the defendant’s G
guilty plea.
H H
I 36. The defendant is also disqualified from holding or obtaining I
a driving licence for all classes of vehicles for 3 years from today, ie the
J J
date of conviction.
K K
Totality
L L
M 37. Considering the totality principle and the overall culpability M
of the defendant in this case, the court considers that after plea, 49 months’
N N
imprisonment is a just and proportionate sentence.
O O
38. Accordingly, sentence for the 3rd and 4th charge is to run
P P
th th
wholly concurrent to each other. Sentence for the 5 and 6 charge again
Q to run wholly concurrent to each other. 2 months of the sentence for the Q
5th and 6th charge to run consecutive to the sentence for the 3 rd and 4th
R R
charge. The rest of the sentence to run concurrently with the sentence for
S the 3rd and 4th charge. Total sentence for the 3rd, 4th, 5th and 6th charge is S
therefore 8 months’ imprisonment.
T T
U U
V V
- 11 -
A A
B B
39. The nature of the 1st, 2nd charge and the other charges are
C entirely different although they were committed at the same time. But C
considering the overall culpability of the defendant, the court now orders
D D
that 8 months of the sentence for the 2nd charge and 8 months of the
E sentence for the 3rd, 4th, 5th and 6th charge are to run consecutive to the E
sentence in the 1st charge.
F F
G 40. Therefore the defendant is sentenced to a total of 49 months’ G
imprisonment for this case.
H H
I I
J J
( K Lo )
District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 965/2020
C [2021] HKDC 1580 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 965 OF 2020
F F
G -------------------------------- G
HKSAR
H H
v
I LEE MAN TAI I
--------------------------------
J J
K Before: HH Judge K Lo K
Date: 24 November 2021
L L
Present: Mr Warren Louis Tang, counsel on fiat, for HKSAR
M Mr So Chun Man Johnny, instructed by Damien Shea & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: [1] Trafficking in a dangerous drug (販運危險藥物)
O O
[2] Possession of offensive weapon in a public place (在公眾
P 地方管有攻擊性武器) P
[3] Forgery of documents (偽造文件)
Q Q
[4] Forgery of a document (偽造文件)
R R
[5] Driving without a valid driving licence (駕駛時無有效駕
S 駛執照) S
[6] Using a motor vehicle without third party insurance (沒有
T T
第三者保險而使用汽車)
U U
V V
-2-
A A
B B
C -------------------------------------- C
REASONS FOR SENTENCE
D D
--------------------------------------
E E
1. The defendant was convicted on his own plea and agreement
F F
to Summary of Facts to:-
G G
(a) a charge of trafficking in a dangerous drug, contrary to
H H
section 4(1)(a) and (3) of the Dangerous Drugs
I Ordinance, Cap 134 (1st charge); I
J J
(b) a charge of possession of offensive weapon in a public
K place, contrary to section 33(1) and (2) of the Public K
Order Ordinance, Cap 245 (2nd charge);
L L
M (c) a charge of forgery of documents, contrary to section M
111(1)(a) of the Road Traffic Ordinance, Cap 374 (3 rd
N N
charge);
O O
(d) a charge of forgery of a documents, contrary to section
P P
th
111(1)(a) of the Road Traffic Ordinance, Cap 374 (4
Q charge); Q
R R
(e) a charge of driving without a valid driving licence,
S contrary to section 42(1) and (4) of the Road Traffic S
Ordinance, Cap 374 (5th charge); and
T T
U U
V V
-3-
A A
B B
(f) a charge of using a motor vehicle without third party
C insurance, contrary to section 4(1) and (2)(a) of the C
Motor Vehicles Insurance (Third Party Risks)
D D
Ordinance, Cap 272 (6th charge).
E E
Facts
F F
G 2. At around 0118 hours on 3 July 2020, police on patrol spotted G
a private car registration number VY9537 manoeuvring around the Caltex
H H
Petrol Station air pump at 89 San Wai Tsuen, San Tam Road, Lok Ma Chau,
I but the driver did not alight from the car. Police intercepted the car and I
told the driver, ie the defendant, to switch off the ignition.
J J
K 3. The defendant alighted and when asked if there was any K
contraband on the car, he took out a cigarette box from the storage
L L
compartment of the car’s driver door in which 23 transparent resealable
M bags containing 17 grammes of a solid containing 13.9 grammes of M
ketamine was found.
N N
O 4. Upon search of the car, a knife of 50 cm long (total length) O
with holster was found underneath the driver’s seat.
P P
Q 5. It was discovered that the car was registered under WV224. Q
The defendant had no valid driving licence and insurance. The motor
R R
vehicle licence, registration number VY9537, was not valid at the material
S time. Investigation also showed that the car was once registered under S
VY9537 but WV224 superseded to be the registration plate number of the
T T
car at the material time.
U U
V V
-4-
A A
B B
C 6. The defendant’s learner driving licence expired on 25 March C
2015.
D D
E 7. At all material times, the defendant possessed the seized drugs E
for unlawful trafficking; and he in a public place, without lawful authority
F F
or reasonable excuse, had with him an offensive weapon, namely one knife;
G and he, with intent to deceive, used a pair of number plates, VY9537, on G
the car, and likewise used one vehicle licence, VY9537, on the car with
H H
intent to deceive; he also drove the car on a road when he was not the holder
I of a valid driving licence in respect of the vehicle that he was driving; and I
he used the car on a road when there was not in force in relation to the user
J J
thereof by him such a policy of insurance or such a security in respect of
K third party risks as complied with the requirements of the Motor Vehicles K
Insurance (Third Party Risks) Ordinance, Cap 272.
L L
M Criminal Record M
N N
8. The defendant has 6 previous records relating to 7 charges
O with none similar to any of the charges for which he was convicted in this O
case. Those convictions mostly relate to violence.
P P
Q Mitigation Q
R R
9. The defendant was born in the Mainland China and he arrived
S in Hong Kong in 1994. He is single and is 28 years old now. He lived in S
a public housing estate with his maternal grandmother of which the
T T
defendant was the main carer. Both of the defendant’s parents are working
U U
V V
-5-
A A
B B
and the defendant also has a younger brother. He also has a daughter living
C apart studying Primary 2. The daughter lives with her mother. C
D D
10. The defendant received education up to Form 5 and he used
E to be a decoration worker earning $32,000 per month, but because of the E
pandemic his income dropped substantially. And he was the main
F F
breadwinner of the family, he used to contribute $5,000 monthly to his
G mother and $5,000 monthly to his maternal grandmother. He was also G
responsible for the expenses for his daughter.
H H
I 11. The defendant is now deeply remorseful for his misdeed and I
he felt sorry that he has caused worry of the grandmother. Defence counsel
J J
said because of the financial stress, the defendant made the wrong decision
K to earn quick money and committed the present offences, and that he K
promised to abide by the law in future and not to transgress the law again
L L
upon his release. In support of this mitigation, defence counsel submitted
M the letter from the defendant for the consideration of this court. M
N N
12. In relation to the 1st charge, defence counsel submitted that
O following the guideline in the case of HKSAR v Hii Siew Cheng [2009] O
HKLRD 1, the appropriate sentencing starting point for trafficking 13.9
P P
grammes of ketamine is about 4 years and 2 months’ imprisonment. He
Q submitted that by reason of the defendant’s guilty plea, he should be Q
entitled to a full one-third sentencing discount and therefore the sentence
R R
for the 1 charge should not exceed 34 months’ imprisonment.
st
S S
13. As for the 2nd charge, defence counsel referred this court to
T T
the case of HKSAR v Chan Yiu Shing and Another [2018] 1 HKLRD 990
U U
V V
-6-
A A
B B
where it said that if the offender is not less than 14 years of age, a custodial
C sentence should be imposed and that the maximum sentence is 3 years’ C
imprisonment.
D D
E 14. It is also said that there is no sentencing guideline for this E
offence and that the sentence in each case shall be determined in the light
F F
of its overall circumstances, including the nature of the weapon concerned,
G the degree of injury that might be caused, as well as the ultimate intention G
of possessing such a weapon.
H H
I 15. Defence counsel also referred this court to the case of HKSAR I
v Satwinder Singh, HCMA 198/2018, where the court viewed that a
J J
starting point of 12 months is appropriate for possessing a knife of 34 cm
K as well as the case of 香港特別行政區 訴 王威, HCMA 314/2019, where K
on appeal the court says that 7 months’ imprisonment is appropriate on a
L L
guilty plea. There is also the case of 香港特別行政區 訴 黃義輝, DCCC
M M
1063/2020, where the court imposed a sentence starting point of 9 months’
N imprisonment for possessing an extendable aluminium rod of 31cm in N
length (unextended) and 41cm in length (extended).
O O
P 16. In relation to the 3rd and 4th charge of forgery of documents P
under the Road Traffic Ordinance, defence counsel referred this court to
Q Q
the case of HKSAR v Tsang Kwun Wing, CACC 89/2004, and said that
R although there is no mentioning of the sentence of forgery of documents, R
the sentence for this kind of offence runs concurrently with a charge of
S S
theft.
T T
U U
V V
-7-
A A
B B
17. Defence counsel also referred this court to the case of 香港特
C 別行政區 訴 麥沾霆, DCCC 62/2021, as well as the case of 黃義輝. C
D D
18. He asked this court to give the defendant also a one-third
E sentencing discount by reason of his guilty plea. E
F F
Discussion
G G
19. Before sentencing, this court has considered carefully the
H H
mitigation submission by defence counsel including the mitigation letter
I I
from the defendant and the legal authorities referred to the court.
J J
1st Charge
K K
L
20. Trafficking in a dangerous drug is a very serious offence and L
personal background is seldom a valid mitigating factor. The maximum
M M
sentence for this offence on conviction of indictment is a fine of $5 million
N and imprisonment for life. N
O O
21. The court accepts the submission by defence counsel that the
P appropriate sentencing starting point for this charge is 50.4 months’ P
imprisonment and that by reason of his guilty plea he is afforded one-third
Q Q
sentencing discount. He is therefore sentenced to 33 months’
R imprisonment for this charge. R
S S
T T
U U
V V
-8-
A A
B B
2nd Charge
C C
22. The defendant is aged over 25 years old and for this reason,
D D
on conviction of this charge, the maximum sentence is 3 years’
E imprisonment. E
F F
23. The knife in question is of 50 cm in length. It is actually a
G machete knife. The blade alone measured 14 inches in length and its design G
with holes on the blade makes the same more deadly. This knife is
H H
obviously not one for normal household use but for combat.
I I
24. Compared to the nature of the offensive weapons in the cases
J J
cited to this court by defence counsel, this machete knife is much more
K vicious and lethal. The court has considered the authorities referred to the K
court and finds the weapon for these cases not as lethal as the machete knife
L L
in our case. The defendant has previous criminal convictions involving
M violence. M
N N
25. The knife at the time when seized was put under the driver’s
O seat and is therefore easily within the reach of the defendant as the driver. O
P P
26. The offence was committed in the early hours of the day when
Q the defendant was inside a car with false registration plate as well as invalid Q
vehicle licence.
R R
S 27. Having regard to the nature of the weapon and the overall S
circumstances of the case, the appropriate sentencing starting point would
T T
U U
V V
-9-
A A
B B
be 15 months’ imprisonment. The same is reduced to 10 months’
C imprisonment by reason of the defendant’s guilty plea. C
D D
3rd and 4th Charge
E E
28. On conviction, a person is liable to a fine of $10,000 and
F F
imprisonment for 3 years.
G G
29. Commission of these offences would make it very difficult for
H H
any person to identify the car in question. However, this court noted, as
I pointed out by defence counsel, the registration number was in fact the old I
registration number of this car and not one totally unrelated to the car.
J J
K 30. For each of these 2 charges, the appropriate sentencing K
starting point is 9 months’ imprisonment and the same is discounted to
L L
6 months’ imprisonment upon defendant’s guilty plea.
M M
5th Charge
N N
O 31. On first conviction of this charge, a person is liable to a fine O
of $5,000 and imprisonment for 3 months.
P P
Q 32. The defendant knew he never had a valid driving licence and Q
that his learner driving licence had expired 5 years before.
R R
S 33. The appropriate sentencing starting point is 6 weeks’ S
imprisonment and the same is reduced to 4 weeks’ imprisonment by reason
T T
of the defendant’s guilty plea.
U U
V V
- 10 -
A A
B B
C 6th Charge C
D D
34. A person convicted of the charge is liable to a fine of $10,000
E and to imprisonment of 12 months. E
F F
35. Appropriate sentencing starting point here is 9 months. The
G same is reduced to 6 months’ imprisonment by reason of the defendant’s G
guilty plea.
H H
I 36. The defendant is also disqualified from holding or obtaining I
a driving licence for all classes of vehicles for 3 years from today, ie the
J J
date of conviction.
K K
Totality
L L
M 37. Considering the totality principle and the overall culpability M
of the defendant in this case, the court considers that after plea, 49 months’
N N
imprisonment is a just and proportionate sentence.
O O
38. Accordingly, sentence for the 3rd and 4th charge is to run
P P
th th
wholly concurrent to each other. Sentence for the 5 and 6 charge again
Q to run wholly concurrent to each other. 2 months of the sentence for the Q
5th and 6th charge to run consecutive to the sentence for the 3 rd and 4th
R R
charge. The rest of the sentence to run concurrently with the sentence for
S the 3rd and 4th charge. Total sentence for the 3rd, 4th, 5th and 6th charge is S
therefore 8 months’ imprisonment.
T T
U U
V V
- 11 -
A A
B B
39. The nature of the 1st, 2nd charge and the other charges are
C entirely different although they were committed at the same time. But C
considering the overall culpability of the defendant, the court now orders
D D
that 8 months of the sentence for the 2nd charge and 8 months of the
E sentence for the 3rd, 4th, 5th and 6th charge are to run consecutive to the E
sentence in the 1st charge.
F F
G 40. Therefore the defendant is sentenced to a total of 49 months’ G
imprisonment for this case.
H H
I I
J J
( K Lo )
District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V