Tse Fu Wah v. The Queen

Read the full judgment text of CACC 218/1971 on BabelCite. This Court of Appeal judgment was delivered on 11 May 1971.

1. This case, which came before me this morning, on appeal from the Magistrate, Mr. Ware, raises the question whether sentences of corporal punishment and detention in a Training Centre may properly be combined. The learned Magistrate discusses the matter at some length (p.7 of the Record). The appellant is 16 years of age and pleaded guilty to three offences of robbery - in substance robbing youngsters by punching a threatening to punch them and taking, in two of the cases their money, and in t

Case No.CACC 218/1971
Court
Court of Appeal
Date11 May 1971
Judge
Case Document
100%Judiciary

CACC000218/1971

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 218 OF 1971

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BETWEEN
Tse Fu Wah Appellant
and
The Queen Respondent

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Coram: Mills-Owens J.

Date of Judgment: 11 May 1971

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JUDGMENT

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1. This case, which came before me this morning, on appeal from the Magistrate, Mr. Ware, raises the question whether sentences of corporal punishment and detention in a Training Centre may properly be combined. The learned Magistrate discusses the matter at some length (p.7 of the Record). The appellant is 16 years of age and pleaded guilty to three offences of robbery - in substance robbing youngsters by punching a threatening to punch them and taking, in two of the cases their money, and in the third case a wristwatch. The sentences imposed were -

Charge A - 6 strokes of the cane;
Charge B - 6 strokes of the cane; (cumulatively);
Charge C - Training Centre.

The caning had already been carried out, the appellant waiving appeal in respect thereof so that the appeal is confined to the sentence to detention in a Training Centre.

2. As it appears to me, a point of principle arises and accordingly I refer the appeal to the Full Court.

(Mills-Owens J.)

Representation:

Appellant in person.

Lucas, S.C.C. for C/R.