CHAN WING-HOI v. THE QUEEN
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CACC000004/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 4 OF 1972
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| BETWEEN | ||
| CHAN Wing-hoi | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Leonard J. in Court
Date of Judgment: 22nd February, 1972
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JUDGMENT
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Leonard J.:
1. In this case the appellant pleaded guilty to two charges of petty theft. He was stopped and searched by an alert police officer on the 9th of December 1972 and in a parcel he had a transistor radio and a lady's green cardigin. He candidly told the police that he has stolen them from different premises on the same day at approximately the same time. Had it not been for his candour the offences might not have become known to the police and he would not have been charged with them.
2. The learned magistrate imposed sentences of 4 months' imprisonment on each change to run consecutively. I sympathize with this approach having regard to the appellant's bad record but although appreciating that two offences had in fact been committed I consider that the sentences should be concurrent because of the manner of their discovery.
3. This appeal is therefore allowed to the extent that the sentence shall concurrent and not consecutive.
| (P.F.X. Leonard) | |
| Puisne Judge |
Representation:
Appellant in person.
Carollan, C.C. for Respondent.