HUI TAI-TAK v. THE QUEEN
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CACC000336/1979
IN THE COURT OF APPEAL | 1979 No.336 |
| (Criminal) |
| BETWEEN: | ||
| HUI Tai-Tak | Appellant | |
AND | ||
| THE QUEEN | Respondent |
Coram: Roberts, C.J., Huggins, J.A. and McMullin, J.
Date of Judgment: 23 July 1979
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JUDGMENT
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Roberts, C.J.:
1. This appellant, aged 53, has an appalling record, with 32 previous convictions.
2. He was sentenced to 4½ years' concurrent on two charges of burglary, to which he pleaded guilty.
3. During the appeal it was urged upon us that we should "give the appellant a chance" which he said he had never had.
4. It is true that, save on one occasion when he was bound over, he has been sent to prison on each of his 20 appearances in court, the sentences totalling about 25 years. Thus, none of the other alternatives had been tried and he has spent most of his life since 1951 in prison.
5. With this record, it was perfectly correct for the trial judge to pass the sentence which he did. Nevertheless, we were disposed to take an exceptional course and to put the appellant on probation, if it were possible for arrangements to be made for him to be subject to some supervision in a specified place of residence.
6. We therefore made a Probation Order for two years, on condition that the appellant -
| (a) | should be of good behaviour and keep the peace; | ||
| (b) | should keep in touch with the Probation Officer in accordance with the latter's instructions; | ||
| (c) | shall receive visits from the Probation Officer at his place of residence; and | ||
| (d) | shall reside as directed by the Probation Officer and inform him at once of any change of employment. |
7. It is intended (and the appellant gave his agreement to this) that he should be required to reside for up to three months at the D.P.A.S. Hostel at the Hong Kong Centre and thereafter at the Pillar Island Hostel operated by the Helping Hand.
Representation:
A. Huggins (D.L.A.) for appellant
Stock for crown