The Queen v. Luk Wai Chun

HCMA000605/1988

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 605 OF 1988

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 12th July 1988

Date of delivery of judgment: 12th July 1988

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J U D G M E N T

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1. The appellant was convicted of theft and sentenced to two years imprisonment by Mr Andree Wiltens at North Kowloon Magistracy.

2. The appellant was a cashier at Advance Telecom (Holdings) Ltd. and her duty was to receive payment in respect of pager machine services. She was alleged to have pocketed $20,149 over a period of six days. A total of 54 receipts had not been imprinted with the date and amount of the transaction, in accordance with the usual procedure. Four fellow employees testified that they had given the money to the appellant. The magistrate accepted their evidence. in these circumstances, and in the absence of any explanation from the appellant, the documentary evidence was conclusive. There was no merit in the appellant's appeal against conviction, which I dismissed.

3. This was the appellant's third conviction for theft. In 1975 she was placed on probation and ten years later she was bound over. She was in a position of trust, which she used to steal the money systematically over a period. By her plea of not guilty she exhibited no remorse for what she had done. Nor did she show any remorse on appeal.

4. In these circumstances a substantial term of imprisonment was merited. Nevertheless, I felt that two years - the maximum open to the magistrate - was a very heavy sentence for this offence on someone who had never been to prison before. 1 therefore allowed the appeal and reduced the sentence to eighteen months.

Representation:

Mr S.R. Bailey, Senior Crown Counsel, for Respondent

Appellant in person