HUI CHI KI v. THE QUEEN
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CACC000722/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 722 OF 1972
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| BETWEEN | ||
| HUI CHI KI | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.
Date of Judgment: 30th November, 1972.
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JUDGMENT
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1. The Appellant pleaded guilty to three charges of blackmail and three charges of theft and was sentenced to detention in a Training Centre. He appeals against that sentence. He asked for another six charges of blackmail and six charges of theft to be taken into consideration.
2. At the time of his offences he was already on a bond to be of good behaviour. The learned magistrate took great care in considering this case, as did the Probation Officer. The Appellant first came before Mrs. Marr on 21st September, 1971. She decided that this was a case where no conviction should be recorded and the Appellant should be put on probation for eighteen months. The Appellant became in breach of that probation order and it was as a result of that breach of probation that he came before another magistrate in September 1972, when the Probation Officer submitted a further report indicating that the Appellant appeared to be completely unwilling to co-operate. It was consequent upon that report that the learned magistrate imposed the sentences which he did.
3. The only comment I make is that the learned magistrate did say that he thought the Appellant should consider himself very lucky to have been given the chance of probation especially in view of the fact that when the probation order was made he had "a previous conviction". That was a slip of the tongue because it appears from the record that the Appellant had a clear record prior to these present convictions, but that does not alter the fact that the sentence of detention in a Training Centre was not only a proper sentence but was really the only possible sentence in this case.
4. The appeal is dismissed.
30th November, 1972.
Representation: