LAU HAY WAH v. THE QUEEN
The appeal was allowed because, although the offence was serious, the appellant was a first offender with a favourable probation report and strong parental support; these mitigating factors justified substituting a two‑year probation order with specific conditions for the training centre sentence.
Source-derived case information.
- Citation
- LAU HAY WAH v. THE QUEEN
- Parties
- Appellant: LAU HAY WAH; Respondent: THE QUEEN
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Case Number
- CACC485/1972
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Appeal allowed; custodial/training centre sentence set aside and replaced with probation with conditions.
- Legal Topics
- Appeal Against Sentence, Probation Order, Training Centre, First Offender, Conditions of Probation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LAU HAY WAH
Appellant
THE QUEEN
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence to a training centre was appropriate for a first offender
- 2 Whether the appellate court should exercise leniency based on probation report and family circumstances
- 3 What conditions of probation are appropriate in lieu of custodial training
Ratio Decidendi
The appeal was allowed because, although the offence was serious, the appellant was a first offender with a favourable probation report and strong parental support; these mitigating factors justified substituting a two‑year probation order with specific conditions for the training centre sentence.
Court Disposition
Appeal allowed; custodial/training centre sentence set aside and replaced with probation with conditions.
Orders
- Appellant placed on probation for a period of two years.
- Probationer shall reside with his parents for the period of probation.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj CACC000485/1972 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 485 OF 1972 ----------------- BETWEEN LAU HAY WAH Appellant THE QUEEN Respondent ----------------- Coram: Leonard, J. Date of Judgment: ----------------- JUDGMENT ----------------- This is an appeal against sentence. The appellant was guilty of the offence of robbery. This offence was committed in the afternoon of the 12th of April 1972. The robbery was committed in the company of others but no weapons were used. A young couple were approached by the appellant and the other two persons and they were robbed of cash and a wrist watch. The incident occurred in a quiet suburb of Kowloon, at Kadoorie Avenue near Braga Circuit. It is quite clear that the appellant and his friends must have gone there in order to commit the offence. He has suggested to me that he passed through there naturally on his way to the cinema. Knowing the locality I regard this as a deliberate lie. On the other hand, I have had the advantage of seeing the parents of the appellant. They are obviously decent people who are appalled at his behaviour. There is no shadow of doubt that he deserves to go to the training centre where the learned magistrate decided that he should be sent. On the other hand, this is his first offence. The probation officer has given a very favourable report. Having considered the matter most carefully, and having had the advantage, that the learned magistrate has not had, of seeing and hearing the parents of the appellant I consider there is room for lenience. In all the circumstances of the case, I am prepared to allow this appeal. The appellant will be placed on probation for a period of two years. During the period of that probation he shall reside with his parents. For the first six months of the probation he shall be indoors every evening not later that 9.30 p.m. It shall be a further condition of probation that the probationer shall attend such educational courses as the probation officer may from time to time suggest. (P.F.X. Leonard) Representation: PAGE - PAGE \* MERGEFORMAT - &`#$ CACC000485/1972 LAU HAY WAH v. THE QUEEN Normal.dot tempuser Microsoft Word 9.0 Judiciary Hong Kong SAR Judiciary Hong Kong SAR CACC000485/1972 LAU HAY WAH v. THE QUEEN Title Microsoft Word Document MSWordDoc Word.Document.8 CACC000485/1972 LAU HAY WAH v. THE QUEEN Normal.dot tempuser Microsoft Word 9.0 Judiciary Hong Kong SAR Judiciary Hong Kong SAR CACC000485/1972 LAU HAY WAH v. THE QUEEN Title