Chan Tak v. The Queen

CACC000309/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 309 OF 1971

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Coram: Huggins, J.

Date of Judgment: 29th June, 1971.

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JUDGMENT

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1. The Appellant appeals against a sentence of 15 months' imprisonment for theft. This is a common type of case where the Appellant was seen by the police to pick the pocket of somebody who was entering a bus. After committing the offence the Appellant walked quickly away. He was followed by a detective constable and a struggle ensued. The Appellant was found holding money in his hand and the victim subsequently reported that he had had his pocket picked.

2. The Appellant is 36 years of age and has been convicted on 9 previous occasions for larceny from the person or attempted larceny from the person and on a number of occasions of loitering with intent to commit a felony or similar offences. This rather detracts from the weight of the story which he tells to me: he suggests that his wife was pregnant with her fifth child and wanted an abortion and that he (the Appellant) stole in order to raise the money for this. He is no new comer to this type of crime. Moreover, he tells me that he and his wife had a combined income at the time of about $600 a month.

3. In all the circumstances a sentence of 15 months' imprisonment; was by no means too heavy. Had it not been that his last conviction for this type of offence was in 1968 I can readily imagine that the sentence would have been heavier. The appeal is dismissed.

29th June, 1971.

Representation: