TSUI YIU CHO v. THE QUEEN
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IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 88 OF 1973
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| BETWEEN | ||
| TSUI yiu-cho | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Leonard J. in Court
Date: 21st February 1973
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JUDGMENT
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1. The appellant in this case is a young man of 16½ years old. He pleaded guilty in the court below to a serious robbery in which knives were used. He really had very little option but to do so as he was caught in the very act. The learned magistrate called for reports not only from the Detention Centre, and from the Training Centre but also from the Probation Officer, notwithstanding the fact that the appellant had previous convictions one for possession of an offensive weapon and one for robbery when he was placed on probation for two years.
2. In mitigation the appellant told me that his father was dying in Canton from cancer. He had told the same story to the Probation Officer and the Probation Officer having checked on it from the appellant’s sister considered it to be a lie. I may say that I was not impressed by his manner in putting forward the same story here in court.
3. This is the most frivolous appeal that has been before me for a very long time. Had the sentence being one of imprisonment I should have unhesitatingly ordered that the sentence run from today’s date. I do not wish to interfere with the discretion vested by statute in the Commissioner of Prisons when dealing with the discharge of inmates of the Training Centre but perhaps the frivolity of this appeal could be brought to his attention as a factor indicating the present attitude of mind of the appellant.
| (P.F.X. Leonard) Puisne Judge |
Appellant in person.
Mr. Corrigan, S.C.C. for Crown/Respondent.