Tang Chat v. The Queen

CACC000752/1981

Coram: Roberts, C.J., Li & Silke, JJ.A.

Date of Judgment: 21st December, 1981.

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JUDGMENT

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Roberts, C.J.:

1. TANG Chat was sentenced by a district judge to five years' imprisonment for burglary. He has an appalling criminal record. He is now aged 40 and the first conviction recorded against him was in 1960, when he was 18. Since then he has appeared before the courts on 12 occasions, with a total of 20 convictions for various offences, the majority of which were burglary.

2. The district judge took the view, with which it is difficult to disagree, that this was a persistent offender and that a substantial sentence was justified in view of the need to protect the public against his activities.

3. Having examined the long and sorry record of this appellant, we have come to the conclusion, however, that this is one of those rare cases in which it is proper for the courts, notwithstanding a man's bad record, to give him one last chance to live a normal life.

4. We observe that, in the cases to which he pleaded guilty, the amount of property stolen was not large and no violence was used by the defendant, who had entered only unoccupied premises.

5. We are strongly influenced by the fact that, save in regard to his very first conviction in 1960, when he was bound over, the only form of treatment which has been attempted in his case has been that of imprisonment. He has been sent to prison no less than 11 times, with sentences ranging from 3 months to 3½ years.

6. We have been supplied with most helpful reports from the Clinical Psychologist at Lai Chi Kok and the Probation Officer, Mr. Peter Tam. The Clinical Psychologist finds that the appellant is functioning at what he calls "the borderline region between limited and low average intelligence."

7. The probation report states that the brother and sister-in-law of the appellant are prepared to take him into their home and to do what they can to find employment for him. They are quite optimistic about the possibility of finding him work.

8. We are therefore prepared to take the unusual course of making a probation order, in the hope that this will give the defendant an opportunity to take employment and to stay out of trouble.

9. The following conditions will be attached to the probation order. During the period of the probation order you must behave yourself and keep out of trouble. You must keep in touch with the probation officer and obey whatever instructions he gives you. If he wants to visit the place where you are living, you will have to receive him there.

10. You will have to tell the probation officer what work you are doing, when you change your work and if you change your place of residence.

11. For the first six months after your release from prison, you must live with your elder brother. You must not go and live anywhere else during this period without the permission of the probation officer.

12. This probation order will last for a period of three years. If you behave yourself during that time and obey these various conditions, you will hear no more about this offence of burglary. But if you get into any trouble during the next three years, you will be brought back to court here and may be sentenced for burglary.

13. The appeal against sentence therefore succeeds, the sentence of five years' imprisonment is quashed and a probation order in the terms which I have explained to the appellant will be substituted for it.

Representation:

F.C. Whitehouse, Crown Counsel for Respondent.

J. Bleach & Esther Toh (D.L.A.) for Appellant.