Ho Kai Shing v. The Queen
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CACC001153/1977 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 1153 OF 1977 -----------------
----------------- Coram : Li, J. Date of Judgment: Appellant in person Bellanto c.c. for Crown/Respondent ----------------- JUDGMENT ----------------- 1. This is an appeal against sentence. The appellant was convicted on his own plea for three offences of burglary. He was sentenced also for breach of Probation Order which was imposed on him in August 1976. For the offences of burglary the Learned Magistrate sentenced the appellant to be detained in a Training Centre. For Breach of Probation Order, the appellant was sentenced to one day's imprisonment to be concurrent. 2. While I agree with the Learned Magistrate that the sentence to a Training Centre was quite proper I regret to say that the concurrent sentence of one day's imprisonment is inconsistent. The appellant cannot be kept in prison and in the Training Centre on the same day. Furthermore having gone through the appropriate Ordinances which enable detention in a Training Centre to be imposed I am of the opinion that a young person is sent to a Training Centre because it is inappropriate to send him to prison. 3. For this reason I allow the appeal partially. The sentence of one day's imprisonment is set aside. The sentence of Breach of Probation Order is substituted by one of absolute discharge, and the order is also discharged. I come to this conclusion as a convenient way out, because I understand that the appellant has not served the one day sentence of imprisonment. Accordingly the appeal against sentence is allowed only to this extent. However the sentence to a Training Centre will stand. Representation: Appellant in person Bellanto c.c. for Crown/Respondent |