Cheung Wing-hung v. The Queen
Read the full judgment text of CACC 246/1970 on BabelCite. This Court of Appeal judgment was delivered on 16 June 1970.
1. The appellant appeals against a sentence of detention in a Training Centre on a conviction for robbery with aggravation on his plea of guilty. He is 16 years of age. The circumstances of the offence are serious but not unduly so. It appears that he and another youth robbed another youth of 60 cents but used some violence in the course thereof. Neither, however, was armed with any offensive weapon. The learned magistrate, as he indicates in his findings, was persuaded to impose a sentence of d
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CACC000246/1970 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 246 OF 1970 -----------------
----------------- Coram: Mills-Owens J. in Court. Date of Judgment: 16 June 1970 ----------------- JUDGMENT ----------------- 1. The appellant appeals against a sentence of detention in a Training Centre on a conviction for robbery with aggravation on his plea of guilty. He is 16 years of age. The circumstances of the offence are serious but not unduly so. It appears that he and another youth robbed another youth of 60 cents but used some violence in the course thereof. Neither, however, was armed with any offensive weapon. The learned magistrate, as he indicates in his findings, was persuaded to impose a sentence of detention in a Training Centre by reason of the appellant's mother agreeing to that course and the appellant himself also agreeing thereto. On learning that the appellant was appealing the magistrate has indicated that in view of the appellant's change of heart he would if he had the matter before him again consider binding over the appellant. The appellant has a clear record and in view of this and of his age I am inclined to agree that he may be given a chance. Accordingly I substitute a conditional discharge (in the sum of $300 for one year). If he is to be given a real opportunity to make a fresh start it is desirable that a conviction should not be recorded and I so order.
Representation: Astin C.C. for Crown. Appellant in person. Oral judgment reduced into Writing. |