Chan Kwok Tung v. The Queen

Read the full judgment text of CACC 286/1971 on BabelCite. This Court of Appeal judgment.

1. The Appellant appeals against a sentence of 2 years' imprisonment imposed upon him upon his conviction on a charge of theft. He was arrested on suspicion of having been involved in the snatching of a watch and then denied any knowledge of the case. However, at his trial he pleaded guilty and asked for another similar offence to be taken into consideration. The offence in respect of which he was charged was committed at 7.30 in the evening on a staircase.

Case No.CACC 286/1971
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000286/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 286 OF 1971

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BETWEEN
CHAN KWOK TUNG Appellant
and
THE QUEEN Respondent

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Coram: Huggins, J.

Date of Judgment: 4th June, 1971.

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JUDGMENT

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1. The Appellant appeals against a sentence of 2 years' imprisonment imposed upon him upon his conviction on a charge of theft. He was arrested on suspicion of having been involved in the snatching of a watch and then denied any knowledge of the case. However, at his trial he pleaded guilty and asked for another similar offence to be taken into consideration. The offence in respect of which he was charged was committed at 7.30 in the evening on a staircase.

2. The Appellant is only 22 years of age but he already has been before the court on seven previous occasions and, as the learned Magistrate pointed out, has been treated with the utmost leniency. In the first instance he was placed on probation for aggravated robbery. When he committed a breach of that order, the order was extended. When he committed a further breach of that probation order he was sent to the Training Centre. Having been released prior to the expiration of three years he committed further offences and was recalled to the Training Centre. Not long after that he was bound over to be of good behaviour for six months for unlawful possession of dangerous drugs. And again within two months he committed five offences of robbery with aggravation. Having served his sentence for those offences he was again convicted of theft.

3. The only reason he advances for my reducing this sentence is the reason which he advanced before the Magistrate for leniency - the usual plea of family circumstances. In my view this sentence was well deserved and the appeal is dismissed.

4th June, 1971.

Representation: