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Criminal Appeal1971

HUNG SIN CHEUNG v. THE QUEEN

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3114-EN-1971-07-07

HUNG SIN CHEUNG v. THE QUEEN

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CACC000328/1971

  

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

  

CRIMINAL APPEAL NO. 328 OF 1971

-----------------

 

BETWEEN
HUNG SIN CHEUNGAppellant
and
THE QUEENRespondent

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Coram: Huggins J.

Date of Judgment: 7th July, 1971.

 

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JUDGMENT

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1. This Appellant was charged before the Magistrate with assault with intent to rob and two charges of robbery. He asked that four further charges of robbery be taken into consideration.

2. He is 17 years of age and was sentenced to be detained in a Training Centre. He had a clear record but clearly he has recently embarked on a very serious series of crimes. The learned Magistrate had before him a Probation Officer's report which shows that his father died when he was a small boy: that he came to Hong Kong and has been living initially with his mother. However, it is quite clear that his mother is totally unable to control this young man who has become disobedient and unruly. He has got into bad company and has joined a Triad Society, and the Probation Officer was unable to recommend probation.

3. This is another case where the Training Centre After-Care Officer thought that possibly probation might be the answer. However, I have now had the advantage of a full discussion of the matter with the Probation Officer and I am satisfied that this is not a case where probation would be suitable.

4. In those circumstances the sentence of detention in a Training Centre was a very proper sentence and cannot be interfered with. The appeal is dismissed.

 

7th July, 1971.

 

Representation: