14 Mar 1972
TSOI CHING CHUEN v. THE QUEEN
- Citation
- TSOI CHING CHUEN v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC346/1971
Where a recognizance of conditional discharge is breached solely by failure to be of good behaviour the correct course is to forfeit the recognizance and assess sentence for the original offence by reference to circumstances as they existed when the recognizance was taken; the breach must not be doubly penalized, and probation orders without recognizance cannot attract separate penalties for breach beyond sentence for the original offence.