Ip Kam-hon v. The Queen

CACC000090/1977

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

Date of Judgment: 4th April, 1977.

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JUDGMENT

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1. The police received certain information so they executed a warrant under the Arms and Ammunition Ordinance to search certain premises where they were told there was a stolen police revolver and ammunition. Although a thorough search was made and some fourteen persons were arrested, including the appellant, nothing was found. However, the next day, the appellant volunteered the information that he was in possession of a police revolver and some ammunition and he showed a police officer where this was hidden. He pleaded guilty to two offences, one of being in possession of arms without a licence and one of being in possession of five rounds of ammunition without a licence and he received a term of four years' imprisonment on each charge, the sentences to be served concurrently. He appealed against these sentences.

2. We do not think that sufficient attention was paid to the fact that the appellant voluntarily showed the Police where the revolver and ammunition was. For that reason we think that the sentences should be reduced from four years to three years on each charge, the sentences to be concurrent. There was no evidence that the appellant was concerned in the theft of the revolver and ammunition.

Representation:

Miss T. Trieu (King & Co.) for appellant.

Sharwood for crown.