Kwok Hung v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 240 OF 1973

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JUDGMENT

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1.  The Appellant appeals against sentences imposed in respect of four charges of theft. The magistrate ordered a total imprisonment of nine months, made up as to six months’ on the first charge, three months consecutive on the second and three months concurrent on each of the other two. All the offences related to the theft of hub-caps from parked motor vehicles.

2.  The learned magistrate said that the Appellant had 31 previous convictions, of which 12 were similar in nature.  In truth the Appellant had 67 previous convictions, of which at least 26 were for dishonesty.

3.  This is no doubt a heavy sentence for stealing hub-caps but, in all the circumstances, I cannot say that it is manifestly excessive.

4.  The appeal must be dismissed.  I must, however, add, repeating what I said in a case yesterday, that when the Appellant was brought before the court the charges were apparently all read to him one after the other and he was not called upon to plead to each of them separately.  This is not a proper practice.  A plea ought to be taken upon each individual charge and I hope this will be done in future.

26th April 1973.