MOK CHI-HING v. THE QUEEN

CACC000123/1978

 

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 123.

 

BETWEEN:
	MOK Chi-hing	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.,

Date of Judgment: 16th March, 1978.

 

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

JUDGMENT

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

 

1. The appellant was found guilty of the offences of loitering and possession of an offensive weapon in a public place. He was sentenced to three months on the first charge and two years on the second charge, the sentences to be served consecutively, thus making a total of two years and three months. He appealed against both the conviction and sentence but at the hearing of the appeal withdrew his appeal against conviction.

2. It was agreed by the Crown that the circumstances of the case were such that the sentences on both charges should be served concurrently. However, Mr. Kotewall, for the appellant, urged that the sentence of two years was excessive.

3. The appellant was seen by a police officer in the company of another man. The appellant was holding a rolled-up newspaper in his hand. The constable watched the two men follow no less than three men separately one after the other. On one of the three occasions they followed a man up a staircase. It appeared obvious to the constable that the appellant and his companion were considering a robbery, so he stopped the appellant, questioned him and found that the newspaper in his hand contained a seven inch table knife.

4. The appellant has a previous record which includes one offence of possession of an offensive weapon in a public place and one robbery. The latter offence was committed in 1976 when he received eighteen months' imprisonment.

5. In the event, I considered that the sentence of two years' imprisonment was excessive for these two offences and reduced the sentence of two years to one year. I also ordered that the sentences on the two charges should be served concurrently and the result is that instead of serving a sentence of two years and three months, he will serve a sentence of one year.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Kotewall (D.L.A.) for appellant

Edwards for crown/respondent