Lam Kwan v. The Queen

Read the full judgment text of CACC 325/1971 on BabelCite. This Court of Appeal judgment.

1. The Appellant appeals against a sentence of 6 months' imprisonment for theft. He stole a pair of trousers from a house in Ning Po Street. He asked for three further offences of theft to be taken into consideration, the property concerned being electric wire belonging to the China Light and Power Co., Ltd., a water-meter and some door handles, all of which required disconnection from the premises to which they were attached.

Case No.CACC 325/1971
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000325/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 325 OF 1971

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BETWEEN
LAM KWAN Appellant
and
THE QUEEN Respondent

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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 a sentence of 6 months' imprisonment for theft. He stole a pair of trousers from a house in Ning Po Street. He asked for three further offences of theft to be taken into consideration, the property concerned being electric wire belonging to the China Light and Power Co., Ltd., a water-meter and some door handles, all of which required disconnection from the premises to which they were attached.

2. The Appellant has a number of previous convictions for dishonesty and in all the circumstances this sentence was certainly not excessive. The Appellant's plea in mitigation before the Magistrate and before me relates to his physical state of health. The nature of his complaint appears to have changed between the trial and the appeal but, whetever his trouble, he can receive treatment in prison. I see no reason to interfere with this sentence.

30th June, 1971.

Representation: