Chan King Hong v. The Queen

CACC000310/1980

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Coram: Roberts, C.J.

Date of Judgment: 20 June 1980

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JUDGMENT

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1. The appellant CHAN King-hong, aged 13, pleaded guilty, according to the record of the trial, to attempted theft and to going equipped for stealing on 11th March.

2. The appellant applied to the magistrate for a review of sentence on 12th March. This was refused.

3. On the 14th March, the appellant appealed against sentence. On 20th May, he also sought leave to appeal out of time against his conviction. This was not supported by any proper grounds and was refused by me on 12th June.

4. On 18th June, however, the appellant filed an affidavit, in which he asserted that he had misunderstood what was said to him by the interpreter and that he had never intended to plead guilty to the offences. He also put forward a version of the fact which, if accepted, would amount to a defence to the charges.

5. In view of this affidavit, I gave leave to appeal against the conviction, ordered that the conviction be quashed and that there should be a retrial, so that the defendant may have an opportunity to put forward the defence contained in the affidavit.

6. I should add that my order is not to be taken as amounting to any criticism of the way in which the magistrate conducted the case since, even if what the appellant asserts is accepted, the confusion is likely to have arisen from interpretation rather than from any oversight by the magistrate.

Representation:

Miss Fi-lan CHUA (D.L.A.) for appellant

Whitehouse for the Crown/Respondent