Chau Kan-lun v. The Queen
Read the full judgment text of CACC 397/1982 on BabelCite. This Court of Appeal judgment was delivered on 21 May 1982.
1. This is an appeal against a sentence of detention in the Castle Peak Boys' Home following six convictions for theft and for being in breach of a Probation Order. The Appellant is aged 14 years. He pleaded guilty to all the offences, which were theft from hawker stalls in Wong Tai Sin.
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CACC000397/1982
BETWEEN
Coram: Penlington J. Date: 21 May 1982 ___________ JUDGMENT ___________ 1. This is an appeal against a sentence of detention in the Castle Peak Boys' Home following six convictions for theft and for being in breach of a Probation Order. The Appellant is aged 14 years. He pleaded guilty to all the offences, which were theft from hawker stalls in Wong Tai Sin. 2. The background of the Appellant is set out fully in the learned Magistrate's Statement of Findings. It is a sad one. He clearly has not had the degree of supervision, guidance and affection at home that he needed. 3. Following convictions for theft in 1981 he was placed on probation and went to live in China with an uncle. That did not work out and he came back to Hong Kong and was enrolled in the Chak Yan Centre. His conduct there was not good and he then enrolled as an apprentice under the Labour Department's Youth Apprenticeship Scheme. He did not report regularly for work and was dismissed. He was thus also in breach of the Probation Order. 4. Miss Burgess points out that the Appellant is very young still and the reports indicate that he is not inherently bad. He deserves one more chance of probation. 5. Mr. Howard for the Crown said the Magistrate, on the facts before her, had really no alternative but to make the order that she did. There seemed to be no family concern at that stage and no plan for better supervision. I quite agree. 6. However the accused has been in Castle Peak Boys' home for a period of some three months, and I am told that his parents now accept their responsibilities and are prepared to exercise a high degree of supervision over him. They were in Court, as were several other relatives. I think it may well be an outside chance, in view of the reports, that he will reform but in view of the changed attitude of his parents I think it is a chance worth taking. He is prepared to comply with conditions of a Probation Order. 7. He will be placed on probation for a period of two years. He is to reside at home and is to comply with any requirements of the Probation Officer as to work or study.
Representation: Miss Burgess instructed by Gallant Y.T. Ho & Co. for Appellant. C. Howard Esq. Crown Counsel for Respondent. |