Wong Kwok-hi v. The Queen

Case No.CACC 981/1975

Court

Court of Appeal

Date21 Nov 1975

Judge—

Case Document

100%

CACC000981/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.981 OF 1975

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BETWEEN:
	WONG Kwok-hi	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 21st November, 1975.

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JUDGMENT

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1. This was an appeal against a conviction for careless driving. I dismissed the appeal but I noticed the following sentences in the record of the case before the magistrate:-

"	Court:	Give you choice of fine $400 or fine of $100 and disqualified for 3 months.
	Defendant:	Fine me $400."

In the event the magistrate did fine the defendant $400 and there is no appeal against that sentence.

2. In my view, it is quite wrong, in principle, to suggest two alternative punishments to a convicted person and to ask him to make his choice between the two. It is the duty of a magistrate to arrive at the proper punishment in every case and the views of the appellant must be irrelevant to his decision.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person.

Polson for crown.