Yung Sai Wing v The Queen

CourtCourt of Appeal (Hong Kong)
Judgment Date25 Jul 1974
Judgement NumberCACC422/1974
SubjectCriminal Appeal
CACC000422/1974 YUNG SAI WING v. THE QUEEN

CACC000422/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 422 OF 1974

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BETWEEN
YUNG SAI WING Appellant
and
THE QUEEN Respondent

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Coram: Briggs, C.J., Huggins & Trainor, JJ.

Date of Judgment: 25th July 1974.

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JUDGMENT

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Briggs, C.J.:

1. This is another case referred to the Full Court by the single judge. The Appellant appeals against sentences of three months', six months' and nine months' imprisonment imposed upon him for attempted theft, going equipped for stealing and unlawful possession of dangerous drugs. The first two sentences were ordered to be concurrent but the third was to be consecutive to the others.

2. At 3.05 a.m. the Appellant was found dismantling a cassette tape-recorder in a motor-car. On his person were found the drugs and a large assortment of keys and tools. In passing a heavier sentence on the second charge than on the first the learned magistrate possibly concluded from the number of keys found that the Appellant intended to make a habit of stealing from cars. Counsel for the Crown, while submitting that the total of the punishment was not excessive, did not feel able to support the magistrate's sentences. With respect we think it was wrong to impose a heavier sentence for what we regard as the less serious offence. An actual attempt to steal must always be more serious than going equipped to commit a theft of the kind attempted. Had the learned magistrate sentenced the Appellant to six months' imprisonment on the first charge and three months' on the second, we would not have thought it right to interfere. As it is, we feel compelled to allow the appeal and to reduce the sentence on the second charge to one of three months' imprisonment. Otherwise the order will remain unchanged.

Greoffrey Briggs

25th July 1974.

Representation:

Appellant in person.

Macdougall, D.D.P.P., for Crown/Respondent.

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