WONG CHI CHUNG v. THE QUEEN

CACC000578/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 578 OF 1969

 

BETWEEN:
	WONG CHI CHUNG	Appellant
	AND
	THE QUEEN	Respondent

Coram: Rigby, S.P.J.

Date of Judgment: 15 September 1969

 

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JUDGMENT

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1. The appellant in this case pleaded guilty to the charge preferred against him of obtaining credit by fraud. The brief facts of the case are that he went into a restaurant, ordered two large bottles of bear to the value of $7.60, and when the time came for payment to be made he was in no position whatsoever to pay. The matter was reported to the Police and he was charged with this offence. The learned magistrate imposed a sentence of 6 months imprisonment.

2. On the face of it, that is an astonishingly severe sentence. But the appellant has no less than 6 previous convictions of obtaining credit by fraud, dating back to 1962.

3. He applied for a review of the sentence imposed upon him and at the time of the review, according to the record of the magistrate, he said: "I have a job; I have a family; I have a mental illness". His application for review was refused and the sentence was confirmed. In view of the appellant's statement that he had a mental illness, it is unfortunate that the learned magistrate at the time did not adjourn the case, both for a report from the Probation Officer and, still more so, for a psychiatric report.

4. When this case came before this Court, I adjourned it for those two purposes. I now have before me a Probation Officer's report and, still more important, a report from Dr. C.L. Wong, the Medical Officer-in-Charge of the Psychiatric Observation Unit. According to that report, the appellant is a long-standing case of schizophrenia and has been hospitalised in the Castle Peak Hospital in 1962, 1964, 1965 and 1966. After that he was discharged as an out-patient. Subsequently he had, according to the report from Dr. Wong, a recurrence of delusions and hallucinations. According to Dr. Wong's report, it is essential that he should receive continuous treatment and the doctor indicates that this can be given in a Psychiatric Outpatient Centre.

5. On the basis of that report I am quite satisfied that this is not a case for imprisonment. I propose to allow this appeal, to set aside the sentence of imprisonment, and discharge the appellant on a Probation Order under Section 3 of the Probation of Offenders Ordinance. I make it a special condition of that order that during the period of its continuance - which shall be for two years - he shall report to the Psychiatric Centre as and when required to do so, and that he shall remain under the care and supervision and treatment of Dr. C.L. Wong.

 

Representation:

Appellant in person

Penlington, P.C.C. for Crown/Respondent

...(illegible)