Ng Yung-tong v The Queen

Court:Court of Appeal (Hong Kong)
Judgement Number:CACC1132/1979
Judgment Date:15 Jan 1980
CACC001132/1979 NG YUNG-TONG v. THE QUEEN

CACC001132/1979

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 1132 OF 1979

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BETWEEN
NG YUNG-TONG Appellant

AND

THE QUEEN Respondent

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Coram: O'Connor, J. in Court.

Date of Judgment: 15 January 1980

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JUDGMENT

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1. The appellant was convicted on his own pleas, on charges of theft and obtaining property by deception. He obtained a television set by entering into a hire purchase agreement, and on the same day he sold the set and used the money to pay off gambling debts. The offences occurred in May 1979. He was arrested in September as a result of a complaint by the hire purchase company. The learned magistrate obtained probation and detention centre reports. These show that he is aged 24 years and has no previous convictions. He lived with an elderly female relative and his grandnephew in a store house in Sai Kung. The details of his employment history as set out in the probation report indicate he was in reasonably constant employment, though the probation officer appears to have drawn the conclusion that he was indifferent to work. It seems he was a heavy gambler and that it was as a result of gambling debts that he committed these offences. It is to be noted that four months passed between the commission of the offences and his arrest. During that period he continued to live at home and remained in employment. He apparently did not commit any further offences. He has an otherwise clear record. Furthermore he had apparently stopped gambling after he committed these offences.

2. The learned magistrate sent him to a Detention Centre.

3. In my opinion he had already learnt his lesson and, insofar as one can look into the future, it seems unlikely that he will commit a further offence. It seems probable that it was an isolated lapse into criminal conduct. I do not consider it was a suitable case for detention centre. I set the order aside and put him on probation. The probation officer will assist him to observe his resolve to keep away from gambling.

(R. O'Connor)
Judge of the High Court.

Representation:

Mr. Corrigan (D.L.A.) for appellant.

Mr. J.M. Duffy, Senior Crown Counsel, for...

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