LI KWOK YUI v. THE QUEEN

CACC000718/1974

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 718 OF 1974

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BETWEEN
	LI KWOK YUI	Appellant
	and
	THE QUEEN	Respondent

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Coram: Huggins, J.

Date of Judgment: 27th September 1974.

 

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JUDGMENT

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1. This Appellant appeals against sentences of nine months' imprisonment consecutive on two charges of burglary. In the first case he appears to have climbed up the wall of a building and through an open window. In the second case he broke the lock on the door. On each occasion he stole a considerable quantity of property after ransacking the flat.

2. This is by no means the first time this Appellant has been convicted of burglary. In 1971 he was twice convicted of that offence. In 1970 he was convicted of house-breaking. He has four other convictions for larceny, one for being found on premises for an unlawful purpose and one for unlawful possession. He does not appear to know when he is fortunate. He was sentenced to no more than nine months' imprisonment on any of the previous occasions and the leniency shown to him in the past appears to have hardened him rather than to lead him to mend his ways.

3. Far from thinking that the sentences in this case were too heavy I think they were unduly lenient, so much so that I find myself driven to allowing this appeal and to increasing the sentences imposed. Although nine months' may have been lenient for the first offence I do not propose to interfere on that charge, but on the second charge the sentence will be increased from nine months' to eighteen months' imprisonment. As ordered by the magistrate those sentences will be consecutive.

 

27th September 1974.

 

Representation: