Wong Kai Kwan and Others v. The Queen

CACC000860/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 860 OF 1974

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

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

Coram: Pickering, J.

Date of Judgment: 6th November 1974.

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

JUDGMENT

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

1. The three appellants were convicted of the theft of three oil drums and, on another occasion, of a coil of what was described as seizing wire and were sentenced to five months' imprisonment on the first charge and to four months consecutive on the second charge. The first and third appellants had clear records whereas the second appellant was in breach of a probation order - he having been placed on probation for the offence of possession of a dangerous drug. In addition to the total of nine months' imprisonment imposed upon him for the two thefts, he was ordered to serve a consecutive period of nine months in respect of the breach of the probation order.

2. The first and second appellants are both 22 years old and the third appellant is 21 and, as I have said, the first and third appellants had clear records. The three oil drums were in the process of being sold by the appellants to a marine store when they were arrested. The coil of wire had been sold to the same store for $50. I had no evidence of the value of the three oil drums but that value cannot be great. It appears to me that for thefts of this nature the sentences were excessive and I allow the appeals, substitute for the sentences of five months' imprisonment terms of two months, and for the sentences of four months consecutive terms of one month consecutive. I further order that the consecutive term of nine months' imprisonment imposed upon the second appellant in regard to his breach of probation order should be set aside and substituted by a consecutive term of three months.

Representation:

Appellants in person.

Carolan, C.C., for respondent.