YAM WING FAN v. THE QUEEN
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CACC000527/1981
| IN THE SUPREME COURT | |
| On Appeal From Magistracy | |
| SPK 6258/81 | |
| 1981 No. 527 | |
| (Criminal Appeal) |
| BETWEEN | ||
| YAM WING FAN | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Liu, J. in Court
Date of Judgment: 3rd July 1981
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JUDGMENT
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1. On his guilty plea, the appellant stands convicted of five charges of theft. Charge A relates to a theft of three iron doors valued at $12 on the 14th March. The other four charges involve thefts of a varying number of iron doors committed all on the 13th March, a day before; Charge B was for twelve iron doors valued at $16; Charge C, three iron doors valued at $3; Charge D, another three doors valued at $3; and the last charge was for four iron doors valued at $6.
2. The appellant's conduct was thought to be highly unbecoming by the learned magistrate, not so much as by reason of these doors being properties of the Hong Kong Government, as by reason of the appellant's systematic dishonest expedition.
3. For the other four charges, the appellant was sentenced by the learned magistrate to three months' imprisonment each. They were different offences on their own with the added gravity of persistent conduct. In my view, it cannot be complained that the learned magistrate sentenced the appellant to three months' imprisonment on each charge or ordered the sentences to run consecutively.
4. Charge A stands out on its own on account of it being the last act of fraud in a course of conduct. But the quantity of iron doors stolen on that occasion was less than that on some of the previous occasions the day before. There does not appear to be any explanation for such apparent disparity. For this reason, the sentence imposed in respect of the A charge is reduced to a like term of three months. I allow the appeal to the extent that the sentence for the A charge be reduced to a term of imprisonment of three months to run consecutively with the other sentences, that is to say the appellant is to serve a total term of fifteen months.
| (B. Liu) | |
| Judge of the High Court |
Representation:
Mr. Hagan, counsel for the Respondent.
Appellant in person.