Li Yee v. The Queen
Read the full judgment text of CACC 345/1972 on BabelCite. This Court of Appeal judgment.
1. These two appeals against sentence came before me on June 5th 1972.
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CACC000345/1972 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 345 OF 1972 -----------------
----------------- CRIMINAL APPEAL NO. 346 OF 1972
----------------- Coram: Briggs, J. in Court Date of Judgment: 5.6.1972. ----------------- JUDGMENT ----------------- 1. These two appeals against sentence came before me on June 5th 1972. 2. The record in each case shows that the Appellant pleaded guilty to one offence and asked that other offences should be taken into consideration. The facts of the offences to be taken into consideration were then read to the Appellant who is recorded as admitting them. The magistrate then proceeded to sentence the Appellant not only for the offence to which he had pleaded guilty but also to the offences which were to be taken into consideration. This is wrong, for the Appellant had not pleaded to the offences to be taken into consideration. The sentences supposedly imposed were stated to be concurrent with the sentence imposed for the offence to which the Appellant pleaded guilty. 3. In the circumstances I recorded that the sentences supposedly imposed for the offences which were to be taken into consideration were to be quashed. But that the sentence imposed for the offence to which the Appellant pleaded guilty should stand with the addition that it should state that the other offences had been taken into consideration.
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