Yip Shan Wai v The Queen

Judgment Cited in Precedent Map Related
Judgment Date17 October 1968
Judgement NumberCACC512/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000512/1968 YIP SHAN WAI v. THE QUEEN

CACC000512/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 512 OF 1968.

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BETWEEN
YIP Shan-wai alias Ah Dee Appellant
AND
THE QUEEN Respondent

Coram: Morley-John, J. in Court.

Date of Judgment: 17 October 1968

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JUDGMENT

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1. The appellant pleaded guilty to a charge of robbery with aggravation, and the brief facts of the case were that the appellant together with three other boys on 1st July 1968 robbed ten boys who were on a picnic of cash and wrist watches. The appellant received a wrist watch for his part in the robbery. The appellant was sentenced to detention in a training centre in accordance with the provisions of the Training Centres Ordinance, Cap. 280 and he now appeals against that sentence.

2. The grounds set forth in the appellant's notice of appeal are merely that his sentence was too severs. However, Mr. H.C. Ho, solicitor for the appellant, who appeared before me on the appeal put forward two further grounds of appeal. These grounds had not been submitted in writing and as has frequently been said it is the established practice of the court that particulars of the grounds of appeal are required to be lodged with the court and made available to Counsel for the Crown in reasonable time.

The two further grounds of appeal were :

1. That a detention order was not an appropriate sentence.
2. If the detention order was appropriate then a period of detention for three years was too long.

Dealing with the second of the further grounds of appeal first. Where a person is sentenced to detention in a training centre under the provisions of the Training Centres Ordinance, Cap. 280, he is not sentenced to detention for three years, but for such period not extending beyond three years from the date of his sentence as the Commissioner of Prisons may determine; and there is a proviso that the Commissioner of Prisons shall not release such a person before the expiration of nine months from the date of his sentence unless required to do so by direction of the Governor. Thus, this ground of appeal is not a valid ground because the period that the appellant might be detained in the training centre in excess of nine months is entirely at the discretion of...

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