Chan Kam Sun v The Queen

Judgment Cited in Precedent Map Related
Judgment Date04 September 1968
Year1968
Judgement NumberCACC400/1968
CourtCourt of Appeal (Hong Kong)
CACC000400/1968 CHAN KAM SUN v. THE QUEEN

CACC000400/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 400 OF 1968

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BETWEEN
CHAN KAM SUN

Appellant

AND
THE QUEEN

Respondent

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Coram: Hogan, C.J.

Date of Judgment: 4 September 1968

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JUDGMENT

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1. This appeal, which is against sentence, has caused me some anxiety.

2. The appellant pleaded guilty in the court below to the charge, which was that, on the 27th June with intent to defraud, he obtained from LEUNG Chun Wah $20 by falsely pretending that the employer of the said LEUNG Chun Wah owed him $20 lost in a mahjong game.

3. It appears from the facts which were admitted in the court below that the appellant stopped the complainant, who was driving a mini-van, by pulling a car across in front of the van and then came over to the complainant and told him a story that the complainant's employer owed the accused $20 which had been lost at a mahjong game and that he, the employee, was to pay over this sum. It seems somewhat surprising that any employee should in the circumstances, without further enquiry, pay over the money but, apparently, that was that happened.

4. When this appeal opened the appellant said that he was suffering from a sore throat and was unable to speak and consequently requested an adjournment. From the record it appears that when the case was originally set down for hearing before another judge, he also complained of feeling unwell and asked that the case be adjourned on that occasion to which request the judge assented.

5. It did not appear to me that his request for an adjournment in the present circumstances was bona fide or that he was in fact suffering from any real disability. When I refused to adjourn the case he quickly found enough powers of articulation to be able to say what he wanted.

6. The magistrate in the court below imposed a sentence of 15 months' imprisonment. The appellant is not deserving of any sympathy. He has a long string of convictions here, many of them for dishonesty, and he appears to be a man who is aiming to live by dishonest means rather than by work of any kind. My anxiety has been whether this sentence, having regard to the facts, is really commensurate with the offence of which the...

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