CHAN WAH KEUNG v. THE QUEEN
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CACC000045/1980
IN THE COURT OF APPEAL | 1980 No. 45 |
| (Criminal) |
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| BETWEEN | ||
| CHAN WAH KEUNG | Appellant | |
AND | ||
| THE QUEEN | Respondent |
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Coram: Roberts, C.J., Pickering, J.A. & Leonard, J.
Date of Judgment: 5 March 1980
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JUDGMENT
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Pickering, J.A.:
1. The Appellant, who pleaded guilty to a single charge of handling stolen goods, now appeals against the sentence of 9 months' imprisonment imposed upon him for that offence. He was an employee, as were his accomplices, of Duty Free Shoppers Ltd. In the course of delivery of perfumes from that company's godown to its retail premises, some 1,440 additional bottles were brought along in the van which he drove. After delivery of the legitimate number of bottles had been made, the 1,440 bottles were transported in the van with the Appellant still driving, to a North Point address where they were disposed of. Three employees, including the Appellant, shared the proceeds between them, each receiving $6,000. It is said on the Appellant's behalf that he had previously been approached to enter into a similar scheme and had resisted the temptation upon that occasion, but was unable to resist a second approach.
2. He is a man of 23 years of age, with a clear record and a very favourable Probation Report. The learned judge felt that in regard to a man of that age, and an offence of this type, anything but an immediate custodial sentence would be to license dishonesty. There is a good deal to be said for that point of view, but having regard to the Appellant's background, to the very favourable Probation Report, to his offer to make restitution and to what we consider to be a real chance of rehabilitation, to the benefit both of the Appellant and the community, we consider, not because the learned judge was wrong in anything he said or did, but that as an act of mercy, the appeal should succeed and the custodial sentence, 2 months of which has already been served, should be set aside and substituted by a sentence of imprisonment of 12 months suspended for 2 years.
3. The appeal is allowed to that extent.
Representation:
Cheng Huan (Robin J. Oliver) for Appellant.
Whitehouse for Crown/Respondent.