LEUNG PUI v. THE QUEEN
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CACC000379/1973
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 379 OF 1973
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| BETWEEN | ||
| LEUNG Pui | Appellant | |
| and | ||
| The Queen | Respondent |
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Coram: Trainor J. in Court
Date of Judgment: 6th June, 1973
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JUDGMENT
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1. The appellant, LEUNG Pui, was convicted in the Magistrate's Court for the offence of theft contrary to Section 9 of the Theft Ordinance on his plea of guilty.
2. The facts of the case are that at half past twelve in the morning of the 8th of March of this year the complainant was on her way home. Outside her house she was suddenly approached by the defendant who tried to snatch her handbag, but without success.
3. Although the appellant pleaded guilty to theft it is quite clear that no theft was committed in that the complainant never lost possession of the handbag nor its content. In other words there was no appropriation which is an essential element of the offence.
4. The offence of which the appellant should have been convicted was one of attempted theft. Any defect in the charge and in the conviction would be overcome by the plea of guilty and, moreover the appellant has not appealed, nor could he have appealed, against conviction, but it occurs to me that the learned magistrate may not have taken into consideration that the offence was attempted stealing and had he done so he might have considered imposing a lesser penalty. I consider that justice will be met if I allow the appeal to the extent that I reduce the penalty from 18 months' imprisonment to 15 months' imprisonment.
5. The appeal is allowed to that extent.
| (J.P. Trainor) | |
| Puisne Judge |
Representation:
Appellant in person
Mr. Harte, C. C. for Respondent