Chung Ching Kwai v The Queen

Judgment Date25 November 1963
Year1963
Judgement NumberCACC648/1968
CourtCourt of Appeal (Hong Kong)
CACC000648/1968 CHUNG CHING KWAI v. THE QUEEN

CACC000648/1968

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 648 of 1968

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BETWEEN
CHUNG CHING KWAI Appellant
AND
THE QUEEN

Coram: Huggins J.

Date of Judgment: 25 November 1963

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JUDGMENT

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Huggins J.

1. The appellant was charged on 24th February, 1968 with smoking dangerous drugs and was sentenced to 4 months' imprisonment. Upon a review he was then sentenced to a conditional discharge. He was subsequently charged on 10th October with another offence of smoking dangerous drugs and was convicted on his own confession. For this second offence he was sentenced to 6 months' imprisonment and the learned magistrate proceeded to pass a sentence of 6 months' imprisonment consecutive upon that in respect of the February offence. The appellant has filed a notice of appeal against the sentence "on a certain conviction" and the notice then proceeds to refer to both the sentence in respect of the February offence and the sentence in respect of the October offence. In my view this is technically incorrect. The sentences are separate and distinct and an appeal should be lodged against each of the sentences if so desired. However, I am on...

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