So Kwok-man v. The Queen
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CACC000573/1970 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 573 OF 1970 -----------------
Coram: Rigby, C.J., Mills-Owens, J. and Pickering, J. Date of Judgment: 2 November 1970 ----------------- JUDGMENT ----------------- 1. The appellant, who is aged 23, was arrested by the police in consequence of information given and he, together with five other persons, were taken to the police station and questioned about a particular offence of robbery. In the course of that questioning it became apparent that neither the appellant himself nor, indeed, any of the other five persons who had been arrested with him, were connected with that particular offence. But whilst being so questioned the appellant made full and frank statements concerning the five offences to which he subsequently pleaded guilty before the court. In fact, he admitted that on two occasions he had robbed persons on staircases of premises which they were ascending or descend-ing and taken from them the wrist watches that they were wearing and the small sums of money which they were carrying. Not only, I repeat, did he of his own accord admit these offences, but he took the police to various pawn brokers from where the watches were recovered and, furthermore took the police to the particular places where these offences had been committed by him. As a result, the two victims were traced and were able to identify in each instance the watch which had been stolen from each of those persons. 2. As regards the remaining three offences, all of theft, the watches were recovered, but because no report had been made to the police those watches still remain in their possession. 3. It is a melancholy reflection on the deplorable lack of co-operation and assistance given by the public to the police that in not one of these instances had the victim concerned thought fit to report the matter to the police so that investigations could be put in motion at the earliest moment in order to try and trace the offenders. 4. The appellant was sentenced to 18 months' imprisonment on the first charge, 12 months' imprisonment on the second charge and 6 months' imprisonment on the remaining three charges, all such sentences to run concurrently. The learned magistrate further made an order for corporal punishment with 9 strokes of the cane. It is against that sentence that the appellant now appeals. 5. Bearing in mind, we repeat, that none of these offences would have come to light if it had not been for the appellant's own frank statements to the police and the very full co-operation he gave to them, we do not consider that this was a proper case for the imposition of corporal punishment. We therefore direct that the order for corporal punishment be set aside. The appellant has a number of previous convictions, including one as recently as April 1969 on three charges of robbery with aggravation. In those circumstances, in so far as the appeal against imprisonment is concerned, that part of the appeal is dismissed. Representation: Appellant in person. M. Wong, S.C.C. for Crown/Respondent. (Judgment delivered by President) |