The Queen v. Ng Kam Kwai

HCMA000807/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 807 OF 1995

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Coram : Hon Duffy, J. in Court

Date of hearing : 14 February 1996

Date of handing down judgment : 28 February 1996

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J U D G M E N T

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1. This was an appeal against a conviction for an offence of wounding contrary to s.19 of the Offences Against the Person Ordinance, Cap. 212 and a sentence of Training Centre. So far as the appeal against conviction was concerned, suffice it for me to say that I found no merit in the appeal grounds.

2. However, in relation to sentence, I was satisfied that the learned Magistrate's sentence in this case was manifestly excessive, and flew in the face of a probation report which suggested 12 months probation and which was, in all respects, favourable to the Appellant. In his Reasons for Sentence, the learned Magistrate simply said this:

" The Appellant could not be sentenced to Detention Centre because of his medical condition. D2 was sentenced to the Detention Centre.

I decided that the Training Centre would be appropriate for the Appellant."

3. I did not consider this to be sufficient reason for sending a first offender to a Training Centre. I regarded such a sentence as inappropriate and savage. I allowed the appeal against sentence and substituted a 12 month Probation Order on condition that the Appellant work and live as directed by the Probation Officer.

Representation:

Mr John Reading, S.A.C.P., for Crown

Mr Robert Pang, (Chan & Cheng), for Appellant