HKSAR v. Cheung Shu Wai

HCMA000584/2001

HCMA 584/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 584 OF 2001

(ON APPEAL FROM ESCC 1753/2001)

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Coram: Hon Jackson J in Court

Date of Hearing: 7 July 2001

Date of Judgment: 7 July 2001

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J U D G M E N T

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1.On 31 May of this year the appellant pleaded guilty in Eastern Magistracy to an offence of theft committed on 17 May. He was sentenced to 1 month in prison and a suspended term of 2 months imposed upon him on 21 February at San Po Kong Magistracy was activated both terms to be served consecutively.

2.It is against the total sentence of 3 months imprisonment that the appellant complains.

3.The offence for which he was sentenced on 31 May was one of shoplifting (as was the offence in respect of which he was given the suspended sentence). The item stolen was an oil funnel valued at $19.90.

4.The appellant is aged 51 and he has a number of previous convictions for dishonesty going back over many years.

5.In his initial written ground of appeal the appellant stated that the sentence imposed upon him was too severe.

6.Before me, at the hearing of this appeal, he said that he was remorseful; that he would not offend again and, because he was under great stress and was anxious to go to the mainland to resolve a matrimonial problem, he would like to be released immediately. He is, in any event, due to be released in 3 weeks time.

7.This appeal is without merit and is dismissed.

Representation:

Mr Paul Madigan, SGC for the Respondent HKSAR/DPP

Mr CHEUNG Shu Wai, Appellant in person