LAI BIU v. THE QUEEN
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CACC000852/1973
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 852 OF 1973
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| BETWEEN | ||
| LAI BIU | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.
Date of Judgment: 3rd December 1973.
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JUDGMENT
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1. The Appellant was charged with burglary and with going equipped for stealing. He pleaded Guilty to both charges and was sentenced to 18 months' imprisonment and 6 months' imprisonment concurrent. He now appeals against the sentence in respect of the first offence only.
2. The facts which he admitted were that in the early morning he was seen climbing the wall of private premises. The person who saw him made a report to the police and the Appellant was eventually found in a water tank on the roof half immersed in water. On his person there was an adjustable spanner.
3. The Appellant has a long record. Once again the magistrate's notes are too lenient to the Appellant: he had 27 previous convictions, of which 13 were for theft or loitering with intent, not taking into account the cases where there were loitering charges in addition to an attempted larceny. The learned magistrate mentioned the fact that the Appellant had gone straight for a year after he had last been released from prison and also noted that the Appellant was a drug addict but was considered unsuitable for admission to the Drug Addiction Treatment Centre. Having regard to the need to protect the public, the learned magistrate imposed the sentence of 18 months' imprisonment.
4. It was mentioned to the magistrate that the Appellant's elderly father was in hospital with heart disease. The father has now been discharged from the hospital and has appeared before me to plead on his son's behalf. He says that he is dependent upon his son. I am extremely sorry for this old man but over the years the Appellant has done little to assist him, in the sense that he has been in and out of prison repeatedly since 1957.
5. Having regard to the Appellant's previous record I cannot say that this sentence erred in any way. The appeal must be dismissed.
3rd December 1973.
Representation: