Chan Ming v. The Queen

Read the full judgment text of CACC 343/1970 on BabelCite. This Court of Appeal judgment was delivered on 20 July 1970.

1. In this appeal it was pointed out to me on behalf of the Crown in regard to the second charge, one of possession of an offensive weapon contrary to sec.17 of the Summary Offences Ordinance, that the sentence imposed of 6 months imprisonment exceeded the maximum, namely 3 months. Accordingly I substituted a sentence of 3 months imprisonment on that charge. It was a sentence ordered to run concurrently with a sentence of 2 years imprisonment on the first charge. On the third charge a sentence o

Case No.CACC 343/1970
Court
Court of Appeal
Date20 Jul 1970
Judge
Case Document
100%Judiciary

CACC000343/1970

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 343 OF 1970

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BETWEEN
CHAN Ming alias CHAN Shai-biu Appellant
AND
The Queen Respondent

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Coram: Mills-Owens J. in Court.

Date of Judgment: 20 July 1970

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JUDGMENT

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1. In this appeal it was pointed out to me on behalf of the Crown in regard to the second charge, one of possession of an offensive weapon contrary to sec.17 of the Summary Offences Ordinance, that the sentence imposed of 6 months imprisonment exceeded the maximum, namely 3 months. Accordingly I substituted a sentence of 3 months imprisonment on that charge. It was a sentence ordered to run concurrently with a sentence of 2 years imprisonment on the first charge. On the third charge a sentence of 1 year's imprisonment consecutive to the 2 year sentence had been imposed. The appeal against conviction on all three charges having been dismissed, no practical difference results in the overall length of imprisonment to be served.

(Mills-Owens J.)

20th July, 1970.

Representation:

Appellant in person.

Lucas (Senior Crown Counsel) for Respondent.

Oral judgment reduced into writing.