Yuen Chi-wai v. The Queen

Case No.CACC 677/1975

Court

Court of Appeal

Date08 Sep 1975

Judge—

Case Document

100%

CACC000677/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 677 OF 1975

-----------------

BETWEEN:
	YUEN Chi-wai	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 8th September, 1975.

-----------------

JUDGMENT

-----------------

1. The appellant was found guilty of the offence of blackmail and theft and sentenced to twelve months for each offence, the sentences to be served concurrently.

2. This is a case where the appellant went into a cafe and asked for $10 from the proprietor and intimidating him by his presence.

3. However, during the trial it transpired that the proprietor, who gave evidence, admitted that the appellant said to him that he would return the $10 to the proprietor at a later date. It follows from this that it was not proved that the appellant intended permanently to deprive the owner of the $10 note. In the circumstances, the conviction for theft must be quashed and the sentence of twelve months passed on that count be set aside. In the event, this will make no difference to the appellant since the appeal against conviction and sentence in respect of the blackmail charge must be dismissed.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person.

Polson, c.c. for Crown/Respondent.