THE QUEEN v. HUNG TIN HO
HTML content
HCMA000955/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 955 OF 1995
----------------------
| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| HUNG TIN HO | Appellant |
-----------------------
Coram : Hon. Duffy, J. in Court
Date of hearing : 21 November 1995 and 12 December 1995
Date of handing down judgment : 19 December 1995
---------------------
J U D G M E N T
--------------------
1. This was an appeal against a sentence of Training Centre imposed for an offence of common assault. This was the Appellant's first conviction and a sentence of Training Centre for such a conviction was manifestly excessive. I allowed the appeal, removed the Training Centre order and replaced it with a Probation Order for 12 months on condition that the Appellant live and work as directed by his Probation Officer.
2. The punishment must fit the crime. Sentencing tribunals must not assume the role of Social Worker. It is not the task of the sentencing tribunal to involve itself in the educational and vocational needs of the appellant unless the appellant's crime merits institutional training and therefore consideration of these matters. The present crime quite obviously did not.
Representation:
Mr F. Veltro, C.C., for Crown
Mr Peter Wan (D.L.A.) for Appellant
| (J.M. Duffy) | |
| Judge of the High Court |