WONG MING YU v. THE QUEEN
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CACC000686/1968
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO.686 OF 1968
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| BETWEEN | ||
| WONG MING YU | Appellant | |
| AND | ||
| THE QUEEN | Respondent |
Coram: Huggins, J.
Date of Judgment: 4 December 1968
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JUDGMENT
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Huggins, J:
1. The appellant pleaded guilty to unlawful possession of suspected stolen property which the learned magistrate described as "four nearly new rice bags". The appellant was seen approaching a marine store with this property. When stopped by the police he admitted that he had picked it up at the road side. He led the police to a spot outside house Nos. 82-84 Kai Tak Road, but the owner of the property could not be located. Before me the appellant has said that he picked up the bags from a rubbish dump, although that is not consistent with what he told the police and which he admitted before the magistrate to be true.
2. The appellant has a very long record, including a number of offences of dishonesty, but has not been convicted since December 1966 or convicted of an offence of dishonesty since April 1965. The learned magistrate imposed a sentence of 3 months' imprisonment.
3. There is no evidence as to the value of these bags. The appellant has been punished for every offence of which he has been convicted except the first one over 20 years ago and, having regard to the nature of the property in this case, I think it would be proper for me to allow this appeal and to substitute for the sentence of imprisonment an order of conditional discharge with a conviction recorded. The appellant has agreed to enter into a recognizance to be a good behaviour and to come up for judgment if called upon during the next two years and the bond will be in the nominal sum of $50.
4th December 1968.
Representation:
Appellant in person
Mr. Evans for the Respondent