Wong Muk v. The Queen

CACC000036/1970

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 36 OF 1970

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Coram: Full Court (Briggs J. Mills-Owens J. Huggins J.)

Date of Judgment: 18 March 1970

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JUDGMENT

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1. The appellant pleaded guilty to a charge of assault with intent to rob and was sentenced to imprisonment for four years. The Court also ordered that he be subject to Police supervision for a period of two years after he comes out of prison. He appealed against that sentence.

2. The appellant threatened a girl in a lift with a knife. A struggle ensued and her right hand was slightly cut by the knife. The appellant was caught almost at once.

3. The appellant has five previous convictions including convictions for robbery and assault. At the hearing of the appeal he informed the Court that he had been detained in a mental hospital for a period of 8 years. The Court ordered that a report as to his mental health should be made. This shows that the appellant has twice been treated at Castle Peak Hospital for Schizo-phrenic illness.

4. The appellant chiefly complained that the order for police supervision would prevent him from getting and maintaining employment and would cause him undue anxiety. The report shows that such an order is very unlikely to have an adverse effect on his mental state so as to cause or encourage a relapse into his previous condition, but that it is possible that an order of Police supervision might cause him undue anxiety. In these circumstances the Court varied the sentence by quashing the order for Police supervision. The Court ordered that the time spent in prison pending the hearing of the appeal should count towards the sentence.

Representation:

Appellant in person.

M. Wong, S.C.C. for Respondent

Oral judgment reduced into writing.