THE QUEEN v. NGUYEN VAN THUONG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1020 OF 1991

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BETWEEN

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J U D G M E N T

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1. This Vietnamese appeals against his conviction of Theft. I have looked at all the papers; the Magistrate has made very careful findings. I can see no flaw in his reasoning. The evidence satisfied him so that he was sure that this offence had been proved; the appeal against conviction is dismissed.

2. As far as the sentence is concerned, this Vietnamese came out of prison, and within one month committed another offence.

3. The Magistrate said he sentenced him to a severe sentence to punish him, so as to deter him. In my judgment, the correct sentence here was for the offence. The sentence should have been 15 months imprisonment. So, the appeal against sentence is allowed. The sentence is reduced 15 months and 3 months consecutive for this assault on the police officer.