YIP KAU v. THE QUEEN

CACC000247/1978

 

IN THE COURT OF APPEAL
on appeal from the District Court
	1978 No. 247
	(Criminal)

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BETWEEN
	YIP KAU	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 10th May, 1978.

 

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JUDGMENT

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Pickering, J.A.:

1. The appellant appealed against three concurrent sentences of six years' imprisonment upon three charges of robbery and one of four years' imprisonment, also concurrent, upon a charge of wounding with intent. There was no merit in his appeal and his application for leave was dismissed.

2. We observed however that the learned judge, at the time of imposing sentence, had ordered a suspended sentence of three months' imprisonment to be activated and to run consecutively to the total term of six years' imprisonment which he himself had imposed. The suspended sentence of three months' imprisonment however related to a charge of giving false information to a pawnbroker the maximum penalty for which is a fine of five hundred dollars (Cap. 166 section 31(2)). It follows that the original suspended sentence should never have been imposed and, having been imposed, was incapable of lawful activation. Accordingly although the appellant did not appeal against the activation of this sentence we set aside the order for its activation so that instead of serving a sentence of six years and three months' imprisonment he will now serve six years.

  

Representation:

Appellant in person.

D. Little for Crown/respondent.