Yeung Kwok-lam v. The Queen

Read the full judgment text of CACC 348/1978 on BabelCite. This Court of Appeal judgment.

1. The appellant was found guilty of being in possession of an offensive weapon in a public place. The appellant was seen following a courting couple along Lin Shing Road towards Cape Collinson Road by two police officers who were on patrol in plain clothes. It appeared to the police officers that the appellant was following the couple for some wrong reason. He was approached by these police officers and searched and a five inch knife was found on his person wrapped in newspaper and tucked into

Case No.CACC 348/1978
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000348/1978

IN THE SUPREME COURT Criminal Appeal
  1978 No. 348

BETWEEN:    
  YEUNG Kwok-lam Appellant
  and  
  THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 29th April, 1978.

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JUDGMENT

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1. The appellant was found guilty of being in possession of an offensive weapon in a public place. The appellant was seen following a courting couple along Lin Shing Road towards Cape Collinson Road by two police officers who were on patrol in plain clothes. It appeared to the police officers that the appellant was following the couple for some wrong reason. He was approached by these police officers and searched and a five inch knife was found on his person wrapped in newspaper and tucked into the front of his trousers.

2. The appellant was sentenced to a period of two years' imprisonment and he has appealed against that sentence.

3. The appellant, who is a man of 28, has a long record including convictions for assault and robbery. However, he is suffering from leucaemia or some related complaint and he has to spend certain periods of time in hospital. This matter was not brought to the attention of the magistrate.

4. A sentence of two years' imprisonment for this offence is a very heavy sentence. Taking into consideration the appellant's serious illness, I think the best course to take is to allow the appeal against sentence to the extent that the sentence will be reduced to twelve months imprisonment.

  (Geoffrey Briggs)
  Chief Justice.

Representation:

Appellant in person

Ingham for crown