Tang Kwok-kun v. The Queen

CACC000088/1978

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Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 10th May, 1978.

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JUDGMENT

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Pickering, J.A.:

1. The appellant was convicted, after a trial, of theft and of the offence of going equipped for stealing having in the course of the same trial pleaded guilty to six charges of handling stolen property and six charges of giving false information to a pawnbroker. He appeals against sentence only and that only in respect of the three years' imprisonment imposed upon him on the theft charge.

2. There was no merit in this appeal and we dismissed it. We did observe however that in respect of the six charges of giving false information to a pawnbroker the appellant was sentenced to six months' imprisonment upon each charge those terms to run concurrently. Although the appellant has not appealed against those sentences we are obliged to interfere with them since they are not sentences authorised by law the maximum penalty for those offences being a fine of five hundred dollars (Cap. 166 section 31(2)). Accordingly we set aside the concurrent sentences of six months' imprisonment upon each of these charges and substitute an absolute discharge. There is however no effect upon the total term of imprisonment to be served which will remain at three years.

Representation:

Appellant in person.

D. Little for Crown/respondent.