Cheung Yuk Man v. The Queen

CACC000409/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 409 OF 1971

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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 was convicted of robbing another man of $36 and a wrist watch. To this charge he pleaded guilty and asked that two similar offences be taken into consideration. He was sentenced to two years' imprisonment and now appeals against that sentence.

2. The appellant's only ground of appeal was that he asked for a reduction of sentence because at the time of his arrest he co-operated fully with the Police. From the facts of the case as presented to the court below that claim appears to be justified although it was not a claim which he made before the learned Magistrate, prefering in the court below to say nothing when called upon before sentence.

3. There is nothing in the Statement of Findings of the learned Magistrate to indicate whether or not, in sentencing the appellant, he took into account the appellant's frank admission of guilt and his co-operation with the Police. It is, of course, possible that the learned Magistrate did take this matter into account but in the absence of any assurance to that effect in the Statement of Findings, I give the appellant the benefit of doubt and allow his appeal to the extent that the sentence of two years' imprisonment is reduced to one of 18 months.

Representation:

Appellant in person.

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