Wong Keung v. The Queen

CACC000712/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 712 OF 1968

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Coram: Huggins, J.

Date of Judgment: 17 December 1968

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JUDGMENT

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Huggins, J.:

1. The appellant pleaded guilty to larceny and to larceny in a dwelling. He was sentenced to six months' imprisonment on the first charge and nine months' on the second, these sentences to run consecutively.

2. The circumstances were that the police saw the accused walking along the street and holding a roll of cloth. They were suspicious and questioned him. Under caution the appellant admitted stealing the cloth from a shop. At the police station the appellant confessed to another offence of which the police had no knowledge at all: it appears that the appellant had put his hand through an open window in an unnumbered hut and stolen a pair of trousers which had a watch in the pocket. He had thrown away the trousers and the watch was recovered. In Chan Sik-wun v. Reg.⁽¹⁾ the Full Court pointed out that where an accused person pleaded guilty, having previously confessed to an offence which had never been reported to the police, this was a greatly mitigating factor. In my view the learned magistrate here did not have sufficient regard to this factor, although it is fair to say that the decision of the Full Court was probably not then available to him. The appellant has a long record, mainly of drug offences. Twice he has been convicted of larceny and once of loitering at night. The last larceny offence was in 1959 and, in all the circumstances, I think the proper course here is for me to set aside the sentence of nine months' imprisonment on the second charge, to substitute a sentence of three months' imprisonment and to direct that the two sentences run concurrently. This means that the appellant will serve a total of six months' imprisonment.

17th December, 1968.

Representation:

Appellant in person

Mr. Duckett for the Respondent

(1) Criminal Appeal No.643 of 1968.