Li Tin-sang v. The Queen

CACC000092/1977

Coram: Briggs, C.J.

Date of Judgment: 14th March, 1977.

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JUDGMENT

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1. The appellant, who is aged 19, pleaded guilty to one offence of criminal damage. The appellant broke a window pane in the house of a former girlfriend of his and her husband. This was as a result of an attempt by the appellant to see his former girlfriend and her refusal to allow a meeting to take place. The appellant was sentenced to detention in a training centre.

2. The appellant was found guilty of robbery in 1975 and sentenced to two years' imprisonment. The probation officer's report submitted to the magistrate shows that he is not suitable for a probation order. The amount of damage done to the window by the appellant cost $30 to repair. It is always open to a magistrate when imposing a sentence in a case to pay regard to the previous record and the present circumstances of the person before him, but the particulars of the offence for which an accused person is standing trial must never be lost sight of.

3. In this case, I think the magistrate passed a sentence which was wrong in principle. The damage done was very trivial and resulted from unusual circumstances. There was no suggestion there was any premeditation and no threats were uttered at the time. I think that justice would best be done if the sentence passed by the magistrate was quashed and there be substituted a sentence of imprisonment so as to enable the appellant to be released to-day and I so order.

Representation:

Miss J. Leong (Tsang & Chan) for appellant

Duncan, C.C., for Crown/Respondent.