LAM SHUK-YUK (F) (ON BAIL) v. THE QUEEN
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CACC000105/1977
| IN THE SUPREME COURT | Criminal Appeal |
| 1977 No. 105 |
| BETWEEN: | ||
| LAM Shuk-yuk (F) (on bail) | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Briggs, C.J.
Date of Judgment: 12th February, 1977.
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JUDGMENT
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1. The appellant is a Chinese woman, aged 25 years. On the 21st October, 1976, she stole four packages of Brands Essence of Chicken and one packet of peanut-sweets from a supermarket. She was caught red-handed and charged with the offence of theft.
2. On her appearance before the magistrate, it was noticed that she was in the last stages of pregnancy. She pleaded guilty to the offence of theft and the magistrate remanded the case for sentence until a date in early January. She was on bail. On the 7th January, 1977 the magistrate sentenced her to one month's imprisonment. The child of the appellant had, by that time, been born a few weeks before. The appellant appeals against her sentence.
3. In the circumstances of this case, I think that the magistrate did not take into account sufficiently her condition at the time that the theft occurred. The circumstances of the theft were amateur and the appellant was in the last month of pregnancy. The proper order to be made is that the appeal is allowed to the extent that the sentence shall be suspended for eighteen months.
| (Geoffrey Briggs) | |
| Chief Justice. |
Representation:
K. John Cheung (Clayton Wong & Co.) for Appellant.
Lucas for the Crown/Respondent.