R. v. Yeung Chi Tim

CACC000137/1992

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Coram: Hon Sir Derek Cons, V-P, Fuad, V-P and Kempster, JA

Date of Hearing: 4 September 1992

Date of Judgment: 4 September 1992

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J U D G M E N T

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Kemspter, JA:

1. This is the judgment of the Court.

2. On 20 March 1992, after trial in the District Court, Yeung Chi-tim was convicted by Her Honour Judge C.B. Chan of wounding with intent. He seeks leave to appeal against that conviction.

3. On 17 July 1991 at an amusement games centre in Castle Peak Road, Kowloon, Cheuk Tin-yan, described by the judge as "of fat build" after looking at photographs, was attacked and wounded by a number of youths. He sustained cuts to the back of the neck and chest; the latter wound severing the muscles to the ribs. The attack followed a dispute between the victim and another accused, Chan Wai-kim, known as "Ah Kau", as to priority in playing on a particular machine." Ah Kau" had then made a telephone call and returned to the games centre with the other youths.

4. After a voir dire the judge had admitted as voluntary cautioned statements made by the applicant on 19 July, in the presence of his mother, following his arrest on the Cheung Sha Wan Estate and the discovery of a water-melon knife under the cushion upon which he was sitting. In those statements the applicant confessed to using the knife at the material time and place saying:

"That day, when I was on my way home, I received a pager call from 'Ah Kau'. Then I took a bus to Cheung Sha Wan Estate right away. At that time, 'Ah Chung' was with me. On reaching Cheung Sha Wan Estate, I instantly went to the space at the corridor of 6th floor, Block 14, where I took a knife from under a mattress. Then (I) instantly proceeded to Wing Kee Amusement Game Centre to look for Ah Kau. Ah Kau said that he was hit by that fat boy. Then I asked the fat boy whether or not he had hit him. Then the fat boy hit me so I chopped him with the knife brought there by me."

He continued,

"Thus I used the water-melon knife I brought along to chop his back for several times. ... Then I myself went to the sixth floor of Block 14, Cheung Sha Wan Estate, where (I) put the knife back (beneath) the mattress. Then (I) returned home."

5. In his Grounds of Appeal the applicant relies upon the failure of the victim to identify him in court, upon the facts that another person was wounded in the course of the incident and that he was not immediately arrested and upon the allegation that his confession was not to be relied upon because his mother was 'psychopathic'. These contentions have no bearing upon the validity of the judge's finding of guilt and the application for leave to appeal against conviction is dismissed.

6. On 3 April, having sent for and considered a Probation and Detention and Training Centre Reports, Judge Chan ordered Yeung, then aged 18 years, to be detained in a Training Centre. Yeung seeks leave to appeal against that sentence but has furnished no intelligible reason in support save to remark upon the fact that a co-defendant was made subject to a probation order. The sentence was passed in the interests both of the applicant and of society. This application is also dismissed.

Representation:

I.G. Cross, QC and W.S. Cheung (Crown Prosecutor) for the Respondent

Applicant in Person