The Queen v. Wong Ching Chiu

CACC001487/1983

BETWEEN

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Coram: Roberts, C. J., McMullin, V.-P. & Silke, J. A.

Date: 1 March 1984

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JUDGMENT

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Silke, J. A.:

1. The applicant, WONG Ching-chiu, appeared for trial on four charges. Two of those charges related to a Madam Lam and two to a Mr. Choi. Madam Lam and Mr. Choi are husband and wife. All of the offences related to the 10th May 1983.

2. In the event, the applicant was acquitted of three of those charges, that is: attempting to strangle Madam Lam with intent to commit murder, attempting to strangle Mr. Choi with intent to commit murder and the infliction of grievous bodily harm upon Mr. Choi. The sole charge in which he was convicted by the jury was causing grievous bodily harm with intent to Madam Lam.

3. The incident which gave rise to these counts on the indictment was a fracas - and the jury clearly accepted that there was such a happening - on the 10th May at about nine o'clock in the morning in the private home of the Chois. There was a background of financial and business dealings between the Chois and the applicant and a dispute arose over money and the repayment of a loan by the applicant.

4. In the course of the fracas Madam Lam received a laceration on her left eye which needed stitches and bruising on both her elbows and both sides of her forehead. A reddish mark was found on her neck in the form of a'' ligature and it stretched from side to side. The infliction of this caused black eyes and suffused eyeballs with double vision. She was in hospital for about 6 days.

5. It was the evidence of the police, who arrived at the scene shortly after the assault, that Madam Lam was found on the ground unconscious and with a string tied twice around her neck.

6. The applicant admitted assault to the police when they arrived. He made a statement which, of itself, did not indicate remorse but, in his evidence in Court, he did say that he did not make any, attempt to get away from the scene because he was remorseful and shamed by the incident.

7. The assault gives the impression of being an unpreme-ditated one. It was carried out in anger when the applicant lost control but that is in no way to say that the incident was not a most reprehensible one. The lady was forty nine and the applicant was forty one. Whatever part Mr. Choi may have played in the matter it was quite unjustifiable for the applicant to carry out an assault of this nature upon this woman.

8. That having been said, the trial judge imposed a sentence of five years' imprisonment. We are not aware of the basis upon which this sentence was imposed. We think that some credit should be given to the applicant for his remorse, that the incident happened in the heat of anger and in the middle of a money dispute. It is clear that the jury considered the Choi's version of the incident not to be so capable of belief as the one given by the applicant.

9. We think the sentence to be too high in all the circumstances of this particular case. We would grant the application for leave, allow the appeal and reduce the sentence from five years' imprisonment to one of three years.

Representation:

M. Ozorio, Esq. assigned by DLA for applicant.

S. Leung, Esq. for Crown/Respondent.