Li Din-wah v. The Queen
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CACC000113/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 113 OF 1975 -----------------
Coram: Briggs, C.J. Date of Judgment: 26th February, 1975 ----------------- JUDGMENT ----------------- 1. The appellant was sentenced to six months' imprisonment for theft, one month's imprisonment for breach of bond and two months' imprisonment for a previous case of theft for which he was at the time he committed the present offence on bond. The bond was forfeited and, in addition, an order of police supervision was made for two years to operate from his discharge from prison. The three sentences of imprisonment were to be served consecutively, making nine months in all. 2. The facts are very simple. The defendant stole two water pipes from a building site and was caught redhanded. The previous offence was of a similar nature. 3. I notice that there is one sentence for breach of bond and another sentence consecutive to it for the previous offence of unlawful possession, for which he was bound over. Also the sum of $200 which was the sum for which he was bound over has been forfeited. This seems to me to be a very severe sentence. Finally, I do not think that this is a proper case for an order for police supervision. Police supervision should only be imposed in cases where a man has a long record and where it is hoped such an order will act as a deterrent to prevent him from committing any further offences. In this case, the appellant had only one very minor offence against him at the time he was brought up for the present offence. 4. In think, therefore, that justice would best be done if the order for police supervision is quashed and the sentence for breach of bond is also quashed; the sentence of two months' imprisonment for the previous offence for unlawful possession is ordered to be served concurrently with the sentence of six months passed for the present offence.
Representation: Appellant in person. Lucas for Crown/Respondent. |