R. v. HOANG TU ANH

CACC000288/1995

 

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL No. 288 OF 1995

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BETWEEN
	THE QUEEN
	AND
	CHU Tak-ching

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Coram: The Hon. Mr. Justice Sears in Court

Date of hearing: 16 June 1995

Date of judgment: 16 June 1995

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J U D G M E N T

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1. This is an appeal against sentence by this Appellant who was sentenced by Mr. Christie at Fanling. He was an illegal immigrant and had hid on a hillside, had not had anything to eat and he was found inside a cabinet of the dressing room in the house. He had taken a pair of sports shoes. He had entered barefoot through an open window.

2. He is only 22 years old and he said he was in search of food. The magistrate sentenced him to 15 months for being an illegal immigrant, 15 months for the burglary, the taking of a pair of gym shoes, consecutive making a total of 30 months.

3. This, in my judgment, is far too harsh. He is a young man entitled to a substantial discount for his plea and in so far as totality is concerned, in my judgment, it is too high.

4. Whilst no doubt the magistrate was naturally concerned with the opportunity of illegal immigrants to burgle residences, the sentence must be for the particular offence. The facts here, particularly as 15 months for the illegal entry must be consecutive, justify a more merciful approach. The burglary sentence is reduced to 6 months, so the total sentence is 21 months.

Representation:

Mr. D. Pang, Ag. A.P. C.C. for Crown.

Appellant in person.