Lai Biu v. The Queen

CACC000322/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 322 OF 1971

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Coram: Huggins, J.

Date of Judgment: 30th June, 1971.

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JUDGMENT

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1. The Appellant appeals against concurrent sentences of 6 months' imprisonment imposed on three charges of theft.

2. He was seen in the street in the early hours of the morning. He was searched and found to be carrying a car radio and two screw drivers. The police questioned him about these and he confessed that he had stolen the radio from a private car. Subsequently he admitted to the police that he had stolen a tyre from another car and that he had stolen some electric wire belonging to the Telephone Company from outside premises in Muk Cheong Street.

3. The learned Magistrate took account of the fact that the Appellant had freely confessed to the police and may, perhaps, have been over generous, at least in respect of the first charge, when he suggested that but for the confession the Appellant would have been charged only with unlawful possession, for it does appear that the owner of the radio himself discovered the theft, although we are not told whether he himself went to the police or the police went to him.

4. The Appellant has a large number of previous convictions, most of them involving dishonesty. In all the circumstances I think that these sentences erred, if at all, on the side of leniency. The only argument addressed to me by the Appellant has been one which was addressed to the learned Magistrate: he says that his father was injured in a traffic accident and needs the Appellant's support. In my view the sentences were such that I could not possibly interfere with them. The appeal is dismissed. If the Appellant's father requires any assistance, an application should be made to the Social Welfare Department.

30th June, 1971.

Representation: