Mui Siu v. The Queen

CACC000477/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 477 OF 1971

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Coram: Pickering, J.

Date of Judgment: 5th August, 1971.

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JUDGMENT

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1. The appellant pleaded guilty to the theft of $483 from his employers and was sentenced to 6 months imprisonment, against which sentence he now appeals.

2. The appellant is 51 years of age and looks considerably older. He has no record of previous convictions involving dishonesty. On the present occasion he stole the money at around 10 o'clock in the morning and, having promptly lost it in gambling, he went back to the premises of his employers and immediately confessed. This confession was the basis of his plea in mitigation before the court below.

3. The learned magistrate in his Statement of Findings says:

"While appellant owned up immediately, to give undue weight to that would be tantamount to giving encouragement to all other employees to steal, on the understanding that they would only have to obtain lenient treatment."

I entirely agree with that sentiment but feel bound to observe that in the case of a man of the appellant's age and appearance a sentence of 6 months imprisonment for a first offence of dishonesty, which was by no means on the grand scale, is somewhat severe. All the appellant's previous convictions relate to the possession or smoking of dangerous drugs with the exception of one conviction for mendicancy and two for street gambling.

4. In all the circumstances I allow the appeal and reduce the sentence of 6 months imprisonment to one of 3 months.

Representation:

Appellant in person

Niamatullah C.C. for Crown.