Ng Hoi-keung v. The Queen

CACC000775/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 775 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 4th October, 1975.

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JUDGMENT

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1. The appellant was convicted on two charges: (1) burglary and (2) going equipped for stealing. He was sentenced to two years on the first charge and to one year on the second charge, the sentences to be served consecutively.

2. Shortly before 6 a.m. on July 24th, 1975, an alert police constable in uniform who was on patrol, noticed the appellant asleep in a car. Inside the car was a large safe and by his side was what may be described as a complete burglar's kit.

3. The safe was unopened. When it was unlocked it was found to contain a considerable quantity of jade ornaments. It's owner was found without difficulty. The safe had been stolen from a jeweller's shop and the premises had been forced open and ransacked.

4. The appellant appealed against his conviction and sentence. The appellant advanced no real ground of appeal against his conviction and I dismissed that appeal.

5. However, I do not think that it was right in principle that the sentences should have been ordered to be served consecutively. It is obvious that the equipment found in the car alongside the appellant was used to effect the burglary. The two charges are really both part of one offence.

6. This was a serious case. I considered whether I should increase the sentence on the burglary charge to three years but decided against it. The reason being that this is a first offence and most of the property lost in the burglary was recovered.

7. In those circumstances. I allowed the appeal against sentence to the extent that the two sentences are to be served concurrently.

Representation:

Appellant in person.

F. Wong for crown/respondent.