NG CHAK LUNG v. THE QUEEN

CACC000090/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 90 OF 1972

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BETWEEN
	NG CHAK LUNG	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, J.

Date of Judgment:

 

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JUDGMENT

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1. The appellant in this appeal was convicted of theft contrary to section 9 of the Theft Ordinance. He pleaded guilty and was sentenced to 12 months imprisonment. He appeals against that sentence.

2. The appellant is a man of 22 years and has previously been convicted of robbery with aggravation for which he was put on probation for 18 months. He was 17 at the time. He has also served a period in the Drug Addiction Treatment Centre for an offence involving dangerous drugs. And indeed he has a further three convictions for other offences.

3. The facts of the present case show that the appellant was really pleading guilty to attempted theft. He snatched a bag from a woman in the street. This was witnessed by two policemen who promptly arrested him. The bag dropped to the floor. The appellant never had possession of the bag. He only tried to steal it: he did not in fact steal it.

4. The appellant was unrepresented and so I treated the appeal as if it were on the grounds that the sentence was too severe inasmuch as the facts only disclosed an attempted theft and not an actual theft.

5. With some hesitation I substituted a sentence of 6 months for the sentence of 12 months imposed by the magistrate. That sentence is to date from the date of the sentence passed by the magistrate, 17th January 1972.

6. The appellant was at the time of the commission of this offence under a suspended sentence of four months. The magistrate ordered that that sentence should take effect consecutive to the sentence passed for the present offence. It will now take effect consecutive to the sentence substituted by me today. The time spent in custody awaiting the hearing of this appeal is to count towards sentence.

  

  

	(G.G. Briggs)
	Puisne Judge.

  

Representation:

Appellant in person