Ng Lam v. The Queen

CACC000353/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 353 OF 1973

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Coram: Trainor J. in court

Date of Judgment: 24 May 1973

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JUDGMENT

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1. The appellant was convicted on his plea of guilty in the Magistrate's Court of stealing a cheque with a face value of $921.85 and sentenced to 18 months' imprisonment. He appealed against the sentence.

2. The facts outlined to the court below were brief and vague. As they appear in the record of the case they are as follows:

"Under caution the [appellant] admitted he had found a cheque at 08.15 hours on the street Ta Chuen Ting Street J/O Wo Yee Hop Road and handed it to a friend and asked him to cash it for him."

3. There is no mention of the date, but the person who tried to cash the cheque (and was charged with the accused with handling the cheque knowing it to be stolen) said it was given to him on the 7th April at 08.15 hours. The date on the cheque was the 24th January 1973.

4. The appellant in the court below admitted to 24 previous convictions and pleaded that as he had acted on the spur of the moment he be given a chance. He had little to add on appeal to what he said in the court below. It was all ad misericordiam.

5. It is easy to understand why the learned magistrate imposed the penalty he did. Any person with the appellant's record normally deserves a severe penalty, nevertheless I consider that the learned magistrate did not fully or at all take into consideration the possible spontaneity of the offence but treated it as he would have done a deliberate act of thievery. I considered the penalty too severe and reduced it to six months' imprisonment.

6. To that extent the appeal is allowed.

Representation:

Appellant in person

Mr. Macdougall, Ag.Asst.P.C.C. for Respondent