Li Kam-chung v. The Queen
Read the full judgment text of CACC 157/1972 on BabelCite. This Court of Appeal judgment.
1. In this case the appellant was a boy of 17 years who was prior to his arrest in regular employment. He pleaded guilty to the Court below to 2 cases of indecent assault. In both the victim was the same; in neither case did she suffer any physical injury. The Magistrate in the Court below was informed that the appellant had 2 previous convictions under that he had previously been on probation. His previous convictions were unlawful possession of a wrist watch and possession of an offensive weap
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CACC000157/1972 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO. 157 OF 1972 -----------------
----------------- Coram: Leonard J. in Court. Date of Judgment: 18th April, 1972. ----------------- JUDGMENT ----------------- 1. In this case the appellant was a boy of 17 years who was prior to his arrest in regular employment. He pleaded guilty to the Court below to 2 cases of indecent assault. In both the victim was the same; in neither case did she suffer any physical injury. The Magistrate in the Court below was informed that the appellant had 2 previous convictions under that he had previously been on probation. His previous convictions were unlawful possession of a wrist watch and possession of an offensive weapon. The learned Magistrate gave most careful consideration to a probation officer's report and to a psychiatric report and I cannot say that his decision to send the appellant to the training centre was wrong in principle or was manifestly excessive. 2. I am however informed that the appellant's father has recently died that the funeral is to take place today and that the family has been left in very bad circumstances. In view of these special circumstances, which, of course, were not in existence at the time the learned Magistrate passed sentence, I have come to the conclusion (since a suspended sentence cannot be imposed for indecent assault) that the best course to adopt is to order that the appellant be released forthwith but be placed on probation for a period of 1 year. I make it a condition of the probation that the appellant shall attend in my Chambers on such dates as the probation officer may decide so that I may know how he is getting on while he is on probation and so that I may deal with him immediately should a breach of his probation arise. I should be glad if the probation officer would consult with me in 4 weeks time as to the times at which the appellant should attend before me in Chambers.
18th April, 1972. Representation: Appellant in person. Niamatullah for Respondent. Oral judgment reduced into writing. |