Lam Tat @ Lan Fai v. The Queen
Read the full judgment text of CACC 386/1974 on BabelCite. This Court of Appeal judgment.
1. This appeal against sentence I am not prepared to deal with today. The Appellant was lest year sentenced by a magistrate to a suspended sentence of nine months' imprisonment. That sentence is still operational but has not taken effect and under s.109C of the Criminal Procedure Ordinance it was mandatory for the learned magistrate upon the conviction to which this appeal relates to consider the suspended sentence. There were certain courses open to him, including the possibility that he might
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CACC000386/1974 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 386 OF 1974 -----------------
----------------- Coram: Huggins, J. Date of Judgment: 27th June 1974. ----------------- JUDGMENT ----------------- 1. This appeal against sentence I am not prepared to deal with today. The Appellant was lest year sentenced by a magistrate to a suspended sentence of nine months' imprisonment. That sentence is still operational but has not taken effect and under s.109C of the Criminal Procedure Ordinance it was mandatory for the learned magistrate upon the conviction to which this appeal relates to consider the suspended sentence. There were certain courses open to him, including the possibility that he might make no order with respect to the suspended sentence - although it must be emphasised that he could do that only if he gave reasons for so doing. The fact is that the sentence which I am concerned with must be considered in the light of all the circumstances, including the course which is going to be taken in respect of the suspended sentence. I therefore propose to adjourn this appeal and to remit the case to the learned magistrate to comply with s.109C, and thereafter the present appeal will come back to this Court. The Appellant will also have the opportunity, if he sees fit, to appeal against any order made under s.109C. If he does so appeal then the two matters can no doubt be dealt with together. 27th June 1974. Representation: |