WONG YIU-TING v. THE QUEEN

CACC000521/1978

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 521

BETWEEN:
	WONG Yiu-ting	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 17th June, 1978.

 

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JUDGMENT

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1. The appellant appealed against his conviction for careless driving which I dismissed. However, I allowed him to appeal against his sentence out of time and in the event set the sentence aside.

2. The relevant part of the record of the case reads as follows:-

"Defendant discharged conditionally on his entering into a recognizance in the sum of 150 dollars, to be of good behaviour and to appear for conviction and sentence when called on at any time within 6 months (S.36(1)(b), Cap.227). Conviction recorded. S.64 requires default penalty if he refused to sign in default $150 fine."

3. The record continues as follows:-

"Defendant: I wish to appeal against the fine.

Court:

Then the Law requires filing the penalty on the appeal. Reviewed and set aside decision as to bond under s.104, Cap.277 and defendant wishes to appeal. Defendant is therefore ordered to pay $150 forthwith in default 3 days imprisonment."

4. The appellant paid $150 to the Court. In his Statement of Findings the magistrate states that he imposed a fine of $150 when he reviewed the sentence. But this does not appear on the record. The appellant was uncertain whether he had been placed on a bond or had been fined. In view of this uncertainty I thought it best to set aside the sentence and to order the return of the $150 to the appellant. And I so ordered. The conviction is recorded and will stand.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person

Alderdice for the Crown/Respondent