R. v. Nguyen Van Thao

HCMA000551/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.551 OF 1996

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Coram : Hon Patrick Chan, J. in Court

Date of hearing : 10 July 1996

Date of judgment : 10 July 1996

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J U D G M E N T

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1. This is an appeal against sentence. The appellant was charged with one count of assault occasioning actual bodily harm. He admitted before the Magistrate to having assaulted another inmate but he denied having used a ball-pen and said that he had used his fingernails. The learned Magistrate conducted a Newton enquiry and at the end of the enquiry held that it was a ball-pen which the appellant had used. He sentenced the appellant to 6 months imprisonment.

2. The appellant and the victim were inmates in Stanley Prison. There was an argument between the two while they were working. They were separated by the officers and the appellant was then taken away. While he was passing by the victim, he suddenly drew out a ball-pen and pierced at the right eye of the victim. He was then subdued and arrested.

3. The learned Magistrate adopted a starting point of nine months and treated it as a case of plea of guilty and reduced it to six months, taking into consideration that he is already serving a sentence in respect of another offence.

4. It appears that the appellant had two previous convictions of offences of violence, including one committed while in prison and this is the third crime of violence. In these circumstances, I do not think there is anything wrong with the sentence. In fact it is on the generous side. It is neither manifestly excessive or wrong in principle. The appeal is dismissed.

Representation:

Mr Derek Pang, Senior Crown Prosecutor, for Crown

Appellant : Nguyen Van Thao, in person