CHAN KIN WAH v. THE QUEEN
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CACC000765/1968
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 765 OF 1968
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| BETWEEN | ||
| CHAN KIN WAH | Appellant | |
| AND | ||
| THE QUEEN | Respondent |
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Coram: Briggs, J.
Date of Judgment: 20 January 1968
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JUDGMENT
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1. In this case the appellant was sentenced to four consecutive sentences of nine months each on three counts of robbery with aggravation and one count of larceny from the person.
2. I varied the sentences and ordered that the second and third sentences should run concurrently with the sentence imposed on the first charge. Thus the total sum of imprisonment is reduced from three years to eighteen months.
3. I did this for the reasons expressed in the case of Chan Sik Wan(1).
4. The offences the subject matter of the second and third counts were brought to light as a result of a confession made by the appellant when he was in custody for another offence, the subject matter of the first count. No report had been made to the police in respect of the subject matter of the second and third counts and the property has been recovered in each case.
5. I agree with the judgment of the court in Chan Sik Wan v. R.(1) that when no report has been made to the police and they are therefore ignorant of the fact that a crime has been committed as well as of the identity of the criminal, and when a person already in custody for another offence confesses to such a crime, the better course is to ask the accused person if he wishes such offences to be taken into consideration.
| (G.G. Briggs) | |
| Puisne Judge | |
| 20 JAN 1968 |
Representation:
Appellant in person.
Addison c.c. for Crown.
(1) Criminal Appeal No.643 of 1968.