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Ho Shek Ping v. The Queen

Read the full judgment text of CACC 395/1971 on BabelCite. This Court of Appeal judgment.

1. The appellant pleaded guilty to a charge of Going Equipped for Stealing and asked that an offence of theft of a car radio valued at $200 should be taken into consideration. At the date of his conviction he was under conditional discharge following a conviction for Possession of Dangerous Drugs and the learned magistrate dealt also with that charge, sentencing the appellant to 9 months' imprisonment on the charge of Going Equipped for Stealing and 9 months' imprisonment for Possession of Dange

Case No.CACC 395/1971
Court
Court of Appeal
Date—
Judge—
Case Document
100%Judiciary

CACC000395/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL JO. 395 OF 1971

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BETWEEN
HO SHEK PING Appellant
and
THE QUEEN Respondent

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Coram: Pickering, J.

Date of Judgment: 28th July, 1971.

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JUDGMENT

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1. The appellant pleaded guilty to a charge of Going Equipped for Stealing and asked that an offence of theft of a car radio valued at $200 should be taken into consideration. At the date of his conviction he was under conditional discharge following a conviction for Possession of Dangerous Drugs and the learned magistrate dealt also with that charge, sentencing the appellant to 9 months' imprisonment on the charge of Going Equipped for Stealing and 9 months' imprisonment for Possession of Dangerous Drugs, the sentences to run concurrently.

2. In the case of MOK Wing-luk and the Queen (Criminal Appeal No. 287 of 1971) dealing with the offence of Going Equipped for Stealing, my learned brother, Huggins, J., said:

"In view of the history of this type of charge the learned Chief Justice has in a number of recent cases reduced sentences of 9 months' imprisonment to ones of 6 months' imprisonment and it is desirable that there should be uniformity of sentencing."

3. I respectfully agree and it is for that reason that I allow the appeal in the present case to the extent that the sentence of 9 months' imprisonment on the charge of Going Equipped for Stealing will be reduced to 6 months' imprisonment. The appeal against sentence on the charge of Possession of Dangerous Drugs is dismissed that sentence being well deserved in view of the appellant's previous record of conviction on twenty-four occasions - many of them multiple convictions and many of them associated with dangerous drugs.

Representation:

Appellant in person.

Duckett S.C.C. for Crown.