R. v. KONG PO HONG

HCMA000229/1995

IN THE HIGH COURT

1995, No. 229
Magistracy Appeal

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BETWEEN
THE QUEEN
AND
KONG PO HONG

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Coram: Hon Litton, V.-P. sitting as an additional High Court Judge

Date of hearing: 9 June 1995

Date of judgment: 9 June 1995

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J U D G M E N T

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Litton, V.-P.:

1. This is an appeal against sentence. The appellant pleaded guilty before Mr Wright at the Eastern Magistracy on two charges: one ofburglary; the other of common assault.

2. The crimes occurred on the same day and same occasion, 20 December 1993, when the appellant entered the premises of Chung Luen ForwardingAgencies on the 1/F, Hop Wai Building in North Point and robbed the inmates of those premises of a portable telephone, some coinsand cash of $1200 belonging to a person present there. He also assaulted that person and that constituted the second charge.

3. The magistrate dealt with the underlying facts with care. The appellant has a criminal record, having been convicted of theft in1980 and assault occasioning actual bodily harm in 1993. He was divorced at the time and paid a substantial proportion of his monthlyincome to his former wife as maintenance for her and for their child. The appellant also contributed to the support of his parents.

4. The magistrate took into account every relevant circumstance and sentenced the appellant on the burglary charge to 18 months’ imprisonmentand on the common assault charge to three months’ imprisonment consecutive to the first charge making a total of 21 months. The sentencesare neither excessive nor wrong in principle and the appeal is dismissed.

Representation:

Mr Wesley W.C. Wong (Crown Prosecutor) for Respondent/Crown

Appellant in person

(Henry Litton)
Vice President