Kwok Kam Wing v. The Queen
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CACC000671/1968 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 671 OF 1968 -----------------
Coram: Huggins, J. Date of Judgment: 4 December 1968 ----------------- JUDGMENT ----------------- Huggins, J: 1. The appellant was convicted on his own confession on four charges of demanding money with menaces and four charges of simple larceny, those charges being related and constituting one series of transactions aimed at a single individual, and of one charge of common assault which was the result of action taken by the appellant when the victim in the previous charges refused to pay any more. On these charges the learned magistrate imposed sentences of 12 months' imprisonment on each of the first eight charges and 6 months' imprisonment on the final charge, all those sentences to run concurrently. In addition, although the police did not apparently make express application to the learned magistrate, he ordered that the appellant be placed under police supervision for 12 months. The appellant appeals against sentence but has confined his submissions to the supervision order. He has advanced the usual argument that it will prejudice him, upon his release from prison, in finding employment. 2. The appellant had two previous convictions for robbery, on one occasion it being robbery with aggravation, and he had had the advantage of a considerable period in the training centre. Nevertheless I have confirmed from counsel for the Crown that police supervision was not asked for by the prosecution and that the police are not pressing that the supervision order should stand. While I do not say that in the light of his record a police supervision order should not have been made upon application, in view of the present attitude of the police to this order I think it would be appropriate that the order should rescinded. There will, however, be no change in the sentences of imprisonment. 4th December 1968 Representation: Appellant in person Mr. Evans for the Respondent |