Chiu Shing v. The Queen

CACC000766/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 766 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 14th February, 1976.

-----------------

JUDGMENT

-----------------

1. The appellant appeals against a sentence of eighteen months' imprisonment passed upon him for robbery on the 16th August, 1975.

2. The appellant first came before me on the 27th September, 1975 when I allowed the appeal to the extent of suspending the sentence for eighteen months. This order was a nullity because there is no power for a court to suspend a sentence for the offence of robbery. Be that as it may, the appellant pleaded guilty to the offence of possession of a dangerous drug and was sentenced to six months' imprisonment on the 9th February, 1976. At that time, the magistrate who dealt with that case committed the appellant to the Supreme Court under section 109(d)(2) of the Criminal Procedure Ordinance.

3. The appellant came before me in court to-day and treating the order which was made on the 27th September, 1975 as a nullity I ordered that his sentence of eighteen months' imprisonment for the robbery which was passed on him on the 16th August, 1975 be served as from that date and concurrent with the sentence passed on him on February 9th, 1976.

Representation:

Appellant in person.

Whetter for crown.