CHAN TUNG v. THE QUEEN
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CACC000733/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 733 OF 1972
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| BETWEEN | ||
| CHAN TUNG | 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 one charge of theft and one charge of going equipped for stealing. He was sentenced to twelve months' imprisonment on the first charge and three months on the second, those sentences to run concurrently. He now appeals against the sentence on the theft charge only.
2. The Appellant was seen acting suspiciously near a car park and, when searched, was found to have in his possession four hub-caps and a screw driver. He confessed to having stolen the hub-caps from a motor-car which was parked in the vicinity.
3. The Appellant has a bad record, including a number of cases of theft and being a suspected person loitering. He has twice been on probation but he is apparently now a drug addict and this very much affected the decision of the learned magistrate, who took the view that the Appellant was liable to commit further crimes in order to satisfy his craving for drugs if left at liberty.
4. I cannot help thinking that a sentence of twelve months' imprisonment for the stealing of four hub-caps, even from a motor-vehicle parked in a public place, amounts to either a measure of preventive detention or to punishment for his drug addiction. Whatever the aggravating circumstances the sentence must always, unless there is a statutory sentence of preventive detention, bear some relationship to the offence committed. It must be conceded that this is a common type of offence and one which it is not easy to stop. Those are aggravating factors which may properly be taken into account but, with respect to the magistrate, I think a sentence of twelve months' imprisonment was excessive. Even allowing for all the aggravating circumstances I think a sentence of six months' imprisonment is the maximum which would be proper.
5. The appeal is allowed and a sentence of six months' imprisonment substituted.
30th November, 1972.
Representation: