The Attorney General v. Yu Hin-leung

CAAR000012/1976

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 18th June, 1976.

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JUDGMENT

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1. The respondent, together with another man not now before this court, pleaded guilty to two charges of robbery and to one charge of being in possession of an offensive weapon in a public place, contrary to section 33(1) of the Public Order Ordinance, Cap. 245. The magistrate sentenced the respondent to a period of training in a training centre on the charge of possession of an offensive weapon. In passing sentence, the magistrate overlooked the fact that the respondent was over the age of 17 years and by virtue of the provisions of section 33 of the Public Order Ordinance, could only be sentenced to detention in a training centre if the Commissioner of Prisons certified that he was suitable for training in a detention centre but that no place is available for him in a detention centre. This was a mistake and must be rectified.

2. We, therefore, substitute for the sentence imposed on this charge by the magistrate a sentence of detention in a detention centre.

Representation:

Sceats for crown/applicant.

Respondent in person.