Lam Kan v. The Queen

Case No.CACC 736/1983

Court

Court of Appeal

Date18 Jul 1983

Judge—

Case Document

100%

CACC000736/1983

IN THE HIGH COURT

1983 No. 736

(Criminal)

BETWEEN

	LAM KAN	Appellant
	and
	THE QUEEN	Respondent
	---------

Coram: Jones J.

Date: 18th July, 1983.

__________

JUDGMENT

__________

1. On the 27th July 1982 the appellant, a boy now aged 16, but 15 at the time of the offence, pleaded guilty to a charge of common assault. After obtaining a probation officer's report and a reformatory school report he was sentenced to a period of detention in the Castle Peak Boys' Home pursuant to Section 15(1)(f) of the Juvenile Offenders Ordinance Cap. 226.

2. The appellant appeals against his sentence.

3. The facts reveal that on the 24th July 1982 the appellant forced the victim another boy to go into a side lane near Chung On Street, Tsuen Wan and asked him where he belonged to. The victim who had not seen the appellant before did not reply. The appellant proceeded to punch the victim on the face and kicked him in the back. The victim received an abrasion to his chin.

4. It is clear from the Probation Officer's report that the appellant lacked parental discipline. He has associated with triad members and is a delinquent. Probation was not recommended by the Probation Officer.

5. Mr. Lee for the appellant submitted that all the contents of the Probation Officer's report should not have been accepted by the learned magistrate as they related to extraneous matters not connected with the offence. I agree with the learned magistrate that the Probation Officer's report is to provide a full and detailed report for the assistance of the Court in determining the appropriate sentence. These reports were in any event read over and agreed by the appellant. Mr. Leo submitted that the learned magistrate should not have taken judicial notice of the words 'Where he belonged to as being triad language. I am unable to agree for these words are well known to be in general use by triad members or their associates.

6. Having considered the reports and all the circumstances, I am quite satisfied that the learned magistrate imposed the right sentence. The appeal is therefore dismissed.

(B.L. Jones)

Judge of the High Court

Representation:

Mr. J. Lee (K.Y. Woo & Co.) for Appellant.

Mr. Harris (Legal Department) for Crown/Respondent.