THE QUEEN v. NAM CHING SHAN

BETWEEN:-

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JUDGMENT

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Preliminary

1. This was an appeal against conviction on a charge of evasion of liability by deception. The facts as found by the magistrate were that the appellant had obtained student bus card from a friend and when he was found with it by the police made a statement in which he said that he had used the card in order to obtain concessionary rates on buses.

Conviction

2. The whole issue here turned on whether the appellant's confession statement was admissible and if it was what weight should be out on it. The magistrate was of the view that it was perfectly voluntary statement and that he could place sufficient weight on it to convict the appellant of the offence. I see no reason whatever why I should disagree with that finding of fact.

Sentence

3. The appellant was bound over in the sum of $500.00 for one year and he was fined $400.00 and the magistrate ordered that the conviction be recorded. The appellant is aged 18 and has a clear record. If it had not been for his own confession made to the police the charge could not have been brought against him. I therefore granted leave to the appellant to appeal out of time against sentence and allowed the appeal against sentence to the extent that I ordered that no conviction should be recorded.