Pang Yun Sun v The Queen

Judgment Cited in Precedent Map Related
Judgment Date12 September 1968
Judgement NumberCACC449/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000449/1968 PANG YUN SUN v. THE QUEEN

CACC000449/1968

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 449 OF 1968

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BETWEEN
PANG YUN SUN Appellant
AND
THE QUEEN Respondent

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Coram: Norley-John J.

Date of Judgment: 12 September 1968

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JUDGMENT

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1. In this case the appellant was found guilty of robbery with aggravation contrary to section 40(1)(a) of the Larceny Ordinance, Cap.210. The appellant has appealed against his said conviction.

2. The learned magistrate in his Statement of Findings stated that the evidence against the appellant rested upon a cautioned statement made by him which amounted to an admission of the offence charged. At the trial before the learned magistrate there were in fact three accused which he described as D1, D2 and D3 - the appellant was D2. However, in his Statement of Findings, the learned magistrate in the first line of his said Statement said that the appellant was the second of three defendants and that he appeared before him with the third defendant. Further on, in his statement the learned magistrate then said the case against D2 and the appellant rested on written statement, and in each case a verbal admission. The learned magistrate then went on to consider a statement made in D.P.C. Chan Fan Ping's (P.W.8) notebook which he said was taken from the appellant. He said that P.W.8 wrote this statement in his notebook for the appellant who signed it as did another constable P.W.9 and that during the trial the appellant challenged the statement on voir dire. When I was shown the original statement alleged to have been made by the appellant I noticed that it was not taken by P.W.8, neither was it signed by him or signed by P.W.9, and, on reference to the record, I noted that the appellant's statement was taken by D.P.C. Chow Kung-hay (P.W.7) and merely signed by the appellant and P.W.7.

3. It is therefore clear from the learned magistrate's statement that he has confused the statement made by D3 with that of the appellant and apparently has not directed his mind to the cautioned statement made by the appellant. I am well aware of the decision in Lam Kau and the Queen(1), when it was held that an appeal from a magistrate's decision under the procedure adopted by the...

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