Li Chin Chiu v. The Queen
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CACC000090/1969 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL No. 90 OF 1969 -----------------
Coram: Huggins, J. Date of Judgment: 21 March 1969 ----------------- JUDGMENT ----------------- Huggins,J: 1. The appellant appeals against sentences of 9 months' imprisonment on three charges to which he pleaded guilty before the learned magistrate. The charges were two charges of larceny and one of demanding money with menaces. 2. It appears that this young man of 22 years of age became involved with a young girl and it was a result of his association with her and her endeavour to break off the association that these offences were committed. The appellant had previously been convicted of unlawful possession of dangerous drugs and had been, I assume, (although the record does not say so) conditionally discharged for one year in the sum of $300 with a conviction recorded. That was in October 1967. 3. The learned magistrate came to the conclusion that the appellant had had enough rope and that the time had come for him to be sent to prison. He had been warned once by the police about making threats to this young girl and the appellant had taken no notice of those warnings. In all the circumstances the learned magistrate thought it right to pass these sentences of imprisonment. I can readily understand that he should take such a view and I have been very hesitant to say that a different sentence ought to have been passed. I have, however, adjourned this case twice in order that further information should be made available to me and I have had the valuable assistance of a probation officer. As a result I am persuaded that the appellant's uncle may be able to assist the court and the probation officer to redeem this young man. At least I think that an attempt ought to be made to achieve this result. I have, therefore, decided with the consent of the appellant and of his uncle to make a probation order for a term of 18 months on the usual terms together with a residential condition that he live with his mother at the family home and that he work at the factory owned by his uncle, Mr. Ng Keung. He is not to change his residence or his on ployment without the consent of the probation officer and, further, he is not to associate in any way or attempt to communicate with the girl whom I have mentioned, Miss Chan Po-wan. I am asking the probation officer to report to me at once if he is not satisfied that the conditions to which the appellant has agreed are being observed. There is also to be a further order that the uncle, Mr. Ng Keung, onter into a bond as surety for the good behaviour of the appellant during the term of his probation in the sum of $800. 4. The appeal is allowed and an order of probation in these terms is substituted for the terms of imprisonment. 21st March 1969. Representation: Appellant in person Mr. Lucas for the Respondent Judgment pronounced by Huggins J. in court. |