MAK WAI-MING v. THE QUEEN

CACC000836/1977

IN THE SUPREME COURT Criminal Appeal
No. 836 of 1977

BETWEEN:
MAK Wai-ming Appellant
and
THE QUEEN Respondent

Coram: Briggs, C. J.

Date of Judgment: 10th September, 1977.

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JUDGMENT

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1. The appellant pleaded guilty to the theft of two measuring cylinders from his employers, the Heng Tao Dyeing Factory. The value ofthese two cylinders is not stated in the record. The appellant was fined $350. He appealed against that sentence asking that a convictionbe not recorded against him.

2. He told the court below that the recording of a conviction “might affect his future”. In his Statement of Findings, the magistrateremarked that the defendant gave no supporting detail as to what his future was going to be.

3. Before me, he said that he had applied for a job with the Agricultural and Fisheries Department and that the recording of a convictionwould affect his chances of employment in that capacity.

4. I agree with the Statement of Findings where the magistrate said that it is only in a relatively exceptional case that a convictionfor a crime of this nature should not be recorded, but the appellant in this case has shown a real sense of remorse and that, togetherwith the fact that he wishes to seek employment in a government department, is sufficient in my view not to record a conviction.

5. I therefore allow the appeal to the extent that the order of conviction be not recorded.

(Geoffrey Briggs)
Chief Justice.

Representation:

Appellant in person.

Alderdice for the Crown/Respondent.