CHEUNG KWAN v. THE QUEEN
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CACC000424/1980
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
CRIMINAL APPEAL NO. 424 OF 1980
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| Between | ||
| Cheung Kwan | Appellant | |
AND | ||
| The Queen | Respondent |
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Coram: Rhind, J. in Court
Date of Judgment: 30 May 1980
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JUDGMENT
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1. This appeal is against a twelve months' sentence of imprisonment for theft. The facts which the appellant admitted were that he stole a plastic bowl containing $34.20 from a hawker's stall in the middle of the day. Immediately after doing this, he was caught by the hawker who handed him over to the police. He admitted the offence to the police and pleaded guilty in court.
2. He is aged thirty-six, single and of no fixed abode.
3. His criminal record includes twelve convictions for offences involving dishonesty.
4. In view of the small value of the property involved and because of the absence of any aggravating features, I consider twelve months imprisonment excessive for this offence. It is a trite principle that a man is only to be sentenced for what he has done wrong, not for his record.
5. A term of six months imprisonment will be substituted for the original term.
| (J. J. Rhind) | |
| Judge of the High Court |
Representation:
Appellant in person
Miss Beeson, Crown Counsel, for respondent