Leung Kai on v. The Queen
Read the full judgment text of CACC 321/1971 on BabelCite. This Court of Appeal judgment.
2. The Appellant pleaded guilty to loitering at night and being unable to give a satisfactory account of himself. He was sentenced to 3 months' imprisonment and appeals against that sentence.
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CACC000321/1971 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 321 OF 1971 -----------------
----------------- Coram: Huggins, J. Date of Judgment: 29th June, 1971. ----------------- JUDGMENT ----------------- 1. This is a hopeless case. 2. The Appellant pleaded guilty to loitering at night and being unable to give a satisfactory account of himself. He was sentenced to 3 months' imprisonment and appeals against that sentence. 3. As so often happens the burden of his appeal is that he was not guilty at all. He pleaded guilty and he told the police at the time that he was guilty: he said that he was following some United States seamen with intent to steal from them - and that apparently was consistent with the view that the police who were watching him had formed. In this Court the Appellant has sought to persuade me that he made his confession to the police because some assaulted him and others held out inducement. I do not believe a word of it. 4. The Appellant has been before the courts on eight occasions since 1961. He has been in a Remand Home and to a Boys' Home: he has been to a Training Centre: he has been bound over to be of good behaviour: he has been conditionally discharged and he has been let off with nothing more than a caution. This leniency does not appear to have had the desired effect. The learned Magistrate called for a Probation Officer's report, which report can only be described as extremely unfavourable. 5. I see no reason to believe that this sentence was other than perfectly proper. The appeal is dismissed. 29th June, 1971. Representation: |