Lo Kai-tai v. The Queen

Case No.CACC 657/1978

Court

Court of Appeal

Date22 Jul 1978

Judge—

Case Document

100%

CACC000657/1978

IN THE SUPREME COURT	Criminal Appeal

	1978 No. 657

BETWEEN:
	LO Kai-tai	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 22nd July, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to one offence of having unlawful sexual intercourse with a girl under the age of 16 years on several occasions between July and August 1977 contrary to section 124(1) of the Crimes Ordinance.

2. This section of the Crimes Ordinance did not come into operation until January 1978. The appellant was therefore charged under the wrong section. He should have been charged under section 5 of the Protection of Women and Juveniles Ordinance which was still in force at the time the offence was alleged to have been committed.

3. The magistrate only became aware of this at the time he wrote his Statement of Findings. I am grateful to him for drawing the attention of the court to this matter.

4. The magistrate sentenced the appellant to be detained in a detention centre. The appellant appealed against that sentence.

5. In view of the above, I allowed the appellant to appeal against his conviction out of time (though he had pleaded guilty), I then quashed the conviction and set aside the sentence.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person

Kitchell for crown