Chung Sai-kit v. The Queen

CACC000471/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 471 OF 1972

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Coram: Briggs, J. in Court

Date of Judgment: 24th June, 1972.

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JUDGMENT

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1. This is an appeal against sentence.

2. The Appellant, a youth aged 18, was convicted on May 9th 1972, of two offences: one of theft and one of robbery. He, and another youth, stole a watch on one occasion, and a watch and $30 on a second occasion. The second occasion, the robbery, occurred in a staircase in a Resettlement Estate, and threats of violence were used. He was sentenced to 6 months imprisonment for each offence, the sentences being ordered to be served concurrently.

3. At the dates of committing those offences the Appellant was on probation. In June 1970 he pleaded guilty to one offence of robbery with aggravation and asked that one other offence be taken into consideration. For this he was placed on Probation for two years.

4. The Magistrate who tried the present case discharged the Probation order, and sentenced the Appellant to 12 months imprisonment to be served consecutively to the term of six months, which he imposed for the present offences. This makes a total of 18 months.

5. The Appellant had nearly completed the period of his order for Probation without further offence. In my view the total of 18 months imprisonment is excessive for what were unsuccessful and somewhat trivial offences. For these reasons I reduced the sentence of 12 months to six months making a total of 12 months in all.

Representation:

Appellant in person,

Niamatullah, C.C. for Crown.