Tse Sun-man v. The Queen

CACC000781/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 781 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. In this case the appellant was convicted of attempted theft and for going equipped for stealing. He was sentenced to one year's imprisonment for each offence, the sentences were ordered to be served consecutively.

2. The appellant appealed against conviction and sentence. The facts were that the appellant was seen by two police officers on duty trying to unlock parked cars. He was arrested and was found to have what was described as an "all purpose key" on his person.

3. The appellant advanced no real reason why his appeal against conviction should be allowed and I dismissed that appeal.

4. The appellant has seven previous convictions including one for taking a conveyance without authority. This was in 1974.

5. I do not think that the magistrate was right in principle in this case when he imposed consecutive sentences. The "all purpose key" found on the appellant was used by the appellant in his attempts to steal either the car or property inside the car. The two charges relate to one offence. For this reason I allowed the appeal against sentence to the extent that I ordered the two sentences to be served concurrently.

Representation:

Appellant in person.

F. Wong for crown/respondent.