R. v. WONG KAM TEI

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 568 OF 1996

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J U D G M E N T

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1. The appellant pleaded guilty to one count of burglary and was sentenced to Training Centre.

2. He was a worker in a restaurant in Tsim Sha Tsui. He then quitted the job. Subsequently, in the early hours of the morning on 28th June, that is to say about a week after he ceased to work in the restaurant, he went back and tried to steal some cigarettes. He was caught by the staff and found to have 30 packets of cigarette. He was 20 years of age, finished Form 2 education and came to Hong Kong in 1989.

3. The Magistrate called for Training Centre and Detention Centre Reports. However, the appellant preferred to go to prison. It appears that he had three previous convictions and there was a similar record. It transpired that he was imprisoned for six months on a previous occasion but that was under the mistaken belief that he was not suitable for Training Centre and therefore he was then sentenced to six months' imprisonment.

4. This time, having known the two facts, the learned Magistrate considered the reports and decided that in view of his age and the desirability of rehabilitation, to send him to Training Centre.

5. Before me, the appellant further urged me to send him to prison although I have warned him that for a charge of burglary, he may have to face a three years' imprisonment. Notwithstanding his plea, I do not think the learned Magistrate was wrong in principle in sending him to Training Centre which was for his own good. I do not think I should interfere with his discretion. The appeal is dismissed.