CHAN WAH v. THE QUEEN
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CACC000696/1968
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
CRIMINAL APPEAL NO. 696 of 1968
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| BETWEEN | ||
| CHAN WAH | Appellant | |
| AND | ||
| THE QUEEN | Respondent |
Coram: Huggins, J.
Date of Judgment: 12 December 1968
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JUDGMENT
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Huggins, J:
1. The appellant pleaded guilty to attempted larceny from the person and he admitted that the facts as stated to the learned magistrate were true. Those facts were that the appellant was seen to pull at the necklace which was round the neck of a small child aged 14 months on its mother's back and to cut the chain with a pair of nail clippers. He was arrested as he was trying to remove the necklace.
2. In the face of that the appellant has come before me and alleged that he was induced by the police to plead guilty and that, although he admits he was in the place where he was found with intent to steal, he was in fact merely walking around and had done nothing. These are impudent allegations which I do not believe.
3. The appellant has a long record covering a wide variety of offences. He has been given the opportunity to go straight on a number of occasions but already has four previous convictions this year. The magistrate describes the appellant as incorrigible and sentenced him to 18 months' imprisonment.
4. This is a frivolous appeal and I have seriously considered whether I should not increase the sentence so that it should run from today and not from the date of conviction. However the learned magistrate said that he passed this sentence mainly for the preventive aspect and that being so I think perhaps I should not penalize the appellant for having exercised his right to come to this court. That does not mean that I shall not in an appropriate case take the course I considered.
5. The appeal is dismissed.
12th December, 1968.
Representation:
Appellant in person
Mr. Evans for the Respondent