Wong Shu v. The Queen

CACC000851/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 851 OF 1973

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Coram: Huggins, J.

Date of Judgment: 3rd December 1973.

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JUDGMENT

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1. The Appellant appeals against a sentence of nine months' imprisonment imposed for theft. He pleaded Guilty to the offence and admitted the facts as set out in the Statement of Facts. That statement revealed that the Appellant was seen by two police officers to remove two woollen jackets from a hawker's stall: he walked away with them and was arrested. Although that Statement of Facts was admitted by the Appellant he now asserts that he never took the jackets from a stall but found them in the street, and he says that he pleaded Guilty and admitted the Statement of Facts because he was suffering from a fever. I do not believe a word of it.

2. The Appellant is a man of 55. Although he is recorded in the magistrate's notes as having 22 previous convictions with 5 similar, my count makes it 31 convictions and 8 similar, although he was before the courts on 22 previous occasions.

3. I see nothing whatever wrong with this sentence and the appeal is dismissed. The Appellant may consider himself lucky that I have not increased the sentence by reason of the waste of this Court's time.

3rd December 1973.

Representation: