Wong Kwai Cheung v. The Queen
Read the full judgment text of CACC 297/1971 on BabelCite. This Court of Appeal judgment.
1. There is no substance whatever in this appeal.
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CACC000297/1971 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 297 OF 1971 -----------------
----------------- Coram: Huggins, J. Date of Judgment: 4th June, 1971. ----------------- JUDGMENT ----------------- 1. There is no substance whatever in this appeal. 2. The Appellant was convicted of an offence of Going Equipped For Stealing and was sentenced to 5 months' imprisonment. The case against him was that he had a wire loop and a large cloth bag and was trying to steal a dog. He pleaded guilty to the offence. It then transpired that he had been convicted of an identical offence a short while before and had been conditionally discharged, although the criminal record shows that he was merely "bound over to be of good behaviour". I have said before that it is much to be desired that the Court be correctly informed what is the nature of the sentence which has been imposed in a previous case and that where there has been a conditional discharge under s.36 of the Magistrate's Ordinance that shall appear. The learned Magistrate ascertained the true nature of the previous sentence and, on this occasion, imposed a sentence of 4 months' imprisonment in respect of the previous offence, the sentences to run consecutively. 3. The only thing that the Appellant has said before me is that he wants the sentences to run concurrently. There is no possible ground for ordering that they run concurrently. Indeed, it would be quite wrong that they should run concurrently: these were separate and distinct offences. The Appellant was given the opportunity to go straight after the first conviction and did not do so. In my view he was lucky that the second sentence was one of only 4 months' imprisonment. The appeal is dismissed. 4th June, 1971. Representation: |