Luk Chi-kwong v. The Queen

CACC001127/1976

Coram: Briggs, C.J.

Date of Judgment: 10th November, 1976.

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

JUDGMENT

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

1. The Cheung Wing Cheung butcher's stall at the Hing Wah Estate regularly buys fish-balls from Lam Kee Shop. Every morning the shop delivers the fish-balls to the stall and usually puts them in a plastic bag on the pavement outside the market of the Hing Wah Estate. On the morning of the 27th September, 1976, the employees of the Cheung Wing Cheung butcher's stall could not find the daily delivery of the fish-balls. It was found later that the appellant had appropriated them.

2. The appellant has only one previous conviction for a minor offence of shoplifting when he was given a chance. He is said to be of low intelligence, though not mentally abnormal, and it must be obvious that the temptation to steal a bag of fish-balls placed on the pavement with no one guarding it, must have been unusually strong for him. In the circumstances, I think that the sentence of detention in a training centre is wrong in principle. The appeal against sentence will therefore be allowed and there will be substituted therefor a sentence of imprisonment of six months to be suspended for two years.

Representation:

Appellant in person.

Edwards for crown.