Kok To and Others v. The Queen

CACC000306/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 306 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 4th June, 1975.

-----------------

JUDGMENT

-----------------

1. The three appellants pleaded guilty to the theft of fourteen fish from the Plover Cove Reservoir. It was alleged that the fish were the property of the Government of Hong Kong and no point was taken on this issue. The appellants were sentenced to six weeks' imprisonment. They have appealed against that sentence.

2. All three appellants bear good characters and have clear records. Their ages are between 28 and 35 years. When passing sentence the magistrate said that he imposed a sentence of imprisonment as a deterrent. He said that this was not a mere case of someone angling for fish for pleasure but the fish were netted and were obviously going to be sold.

3. The appellants, who were represented at the hearing of the appeal, stated through their counsel that they had been deeply shocked by the sentence of imprisonment and that they had learned their lesson. I note that they had been granted bail pending the hearing of the appeal by the magistrate.

4. Although there have been other cases of stealing fish from the Plover Cove Reservoir, in my view this is a minor offence. I do not think it is a case in which a remedial custodial sentence should be imposed and I order that the sentence imposed by the magistrate on each appellant be suspended for eighteen months.

Representation:

Gunston (Gunston & Chow) for all appellants

Haldane for crown.