Wong Siu-har (F) v. The Queen

Read the full judgment text of CACC 225/1978 on BabelCite. This Court of Appeal judgment.

1. The appellant pleaded guilty to one offence of keeping a disorderly house on 12th February, 1978. She now applies to this court for leave to appeal against her conviction out of time. What is really intended is that she should be allowed to reverse her plea of guilty and to have her case re-opened.

Case No.CACC 225/1978
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000225/1978

IN THE SUPREME COURT Criminal Appeal
  1978 No. 225

BETWEEN:    
  WONG Siu-har (F) Appellant
  and  
  THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 7th April, 1978.

-----------------

JUDGMENT

-----------------

1. The appellant pleaded guilty to one offence of keeping a disorderly house on 12th February, 1978. She now applies to this court for leave to appeal against her conviction out of time. What is really intended is that she should be allowed to reverse her plea of guilty and to have her case re-opened.

2. In the record before me there is no evidence whatsoever of keeping a disorderly house. There is evidence that there was a disorderly house and that the appellant was a prostitute working in that house. That is all. There is nothing on the record to show that the appellant owned the establishment or paid rent for the premises or was otherwise connected with the premises other than as a prostitute.

3. In the event, I think justice would best be done if the conviction and sentence are set aside and the case be remitted to a magistrate for re-hearing upon the appellant pleading not guilty to the offence. The appellant is on bail and bail will be continued on the same terms as at present until further order.

  (Geoffrey Briggs)
  Chief Justice.

Representation:

Sparrow (John Ip & Co.) for appellant.

Aiken for the Crown/Respondent.