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Criminal Appeal1974

CHAN SAU CHUNG v. THE QUEEN

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3321-EN-1974-05-27

CHAN SAU CHUNG v. THE QUEEN

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CACC000346/1974

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 346 OF 1974

-----------------

 

BETWEEN  
 CHAN SAU CHUNGAppellant
 and 
 THE QUEENRespondent

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Coram: Huggins, J.

Date of Judgment: 27th May 1974.

 

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JUDGMENT

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1. This is an appeal against a sentence of twelve months' imprisonment for theft of an iron bar. The bar was stolen from a building site in Tsuen Wan. The Appellant was arrested very early in the morning as he was carrying it through the street.

2. The learned magistrate very properly took into account the fact that such thefts are very prevalent. He also laid emphasis on the Appellant's bad record and the fact that he had not benefited apparently from leniency shown in the past. These were all matters very properly taken into consideration but I am told that the value of the bar was $40, and after anxious consideration I have come to the conclusion that a sentence of twelve months for this offence could not be justified and amounted to sentencing the Appellant for his previous offences.

3. The sentence will be reduced to one of six months' imprisonment.

 

27th May 1974.

 

Representation: