Yuen Chuen v. The Queen

Case No.CACC 400/1971

Court

Court of Appeal

Date—

Judge—

Case Document

100%Judiciary

CACC000400/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 400 OF 1971

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BETWEEN
	YUEN CHUEN	Appellant
	and
	THE QUEEN	Respondent

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Coram: Pickering, J.

Date of Judgment: 3rd August, 1971.

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JUDGMENT

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1. The appellant pleaded guilty to four charges of burglary and was sentenced to 6 months imprisonment on the first charge and to 3 months imprisonment on each of the second, third and fourth charges. These last three sentences were all concurrent but consecutive to the 6 months imprisonment imposed on the first charge.

2. Seventeen days previously the appellant had appeared before the same magistrate charged with three other offences of burglary and had been sentenced to consecutive sentences of 8 months, 8 months and 2 months imprisonment. All these sentences were suspended for two years. At the time of sentencing the appellant in respect of the four offences with which he was charged upon his second appearance within 17 days, the learned magistrate ordered that the suspended sentences should take effect unaltered and commence on the expiration of the immediate sentences which he had just imposed.

3. Since then it is apparent that the learned magistrate has been doubtful as to whether the course he adopted was wholly justified, for in his Statement of Findings he says:

"	I feel bound to say that, upon reflection about these cases, I consider that I would now deal with appellant in a different manner. Having regard to appellant's record, particularly the three latest convictions, it seems to me that I was not so much giving appellant a genuine chance by suspending the sentences in the first case as laying him open to temptation which he would be quite unable to resist. It was inevitable that appellant would reappear before a court sooner or later within the period of suspension. As it happened, it was sooner.
	In those circumstances, I feel it would have been appropriate for me to order the suspended sentences to take effect immediately on 20th May, when appellant reappeared, as provided for by s.109C(2)."

4. The reference is to the Magistrates' Ordinance (Cap. 227).

5. If I may respectfully say so, the learned magistrate's reflections do him credit and in order to put into effect his second thoughts upon this matter, the appeal is allowed to the extent that the suspended sentences will take effect from the 20th May 1971 instead of upon the expiration of the immediate sentences. The appeal against the immediate sentences is dismissed.

Representation:

Appellant in person.

Lucas, S.C.C., for Crown.