LIN CHUN-CHOI v. THE QUEEN
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CACC000927/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 927 OF 1975
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| BETWEEN | ||
| LIN Chun-choi | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Cons J.
Date of Judgment: 7th November, 1975.
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JUDGMENT
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1. The appellant was convicted under the Summary Offences Ordinance of loitering at night and of possession of an offensive weapon, in each case being unable to give a satisfactory account. Consecutive sentences were imposed. Mr. Son for the Crown drew my attention to the cases of Chan On v. Reg. (1) and Mui Chi Leung v. Reg. (2). These are to the effect that if the loitering offence is really part and parcel of another offence charged with it the sentences should be concurrent. As I understand Mr. Soh he does not say that that is strictly so on the face of the present charges, but that the facts would suggest that the appellant was loitering there as he was in the hope of committing robbery with the assistance of the knife that he was carrying. I think that is probably the case and agree that in those circumstances the sentences should have been concurrent. The appeal against sentence is allowed to that extent.
2. It was a very vicious knife that the appellant carried. In passing sentence in that respect the learned magistrate very properly took notice of the recent increase by the legislature of the maximum term of imprisonment. He passed a sentence of nine months. For my own part I think I might have gone a little further.
Representation:
Appellant in person.
Eddie Soh, C.C., for Crown.
(1) Cr. App. No. 9 of 1970
(2) Cr. App. No. 98 of 1970