The Queen v. Vu Van Tien

HCMA000996/1986

BETWEEN:

Coram: Roberts, C.J.

Date of judgment: 12th November, 1986.

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JUDGMENT

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1. The appellant appeals against the sentence of nine months' imprisonment imposed upon him by a magistrate before whom he pleaded guilty to a charge of wounding, contrary to section 19 of the Offences Against the Person Ordinance, Cap. 212.

2. On the 4th August, this year, the appellant, who was serving a sentence of imprisonment at Lai Sun Correctional institution on Hei Ling Chau, picked up an iron bar from a prison workshop and attacked a fellow prisoner, striking him on the body and on the head. The fellow prisoner suffered a lacerated wound over the right temple and several superficial scratch marks over the right forearm and shoulder.

3. The only apparent reason for this attack was an argument which the appellant is said to have had with the victim about ten weeks' before.

4. This is an inexcusable attack; and it is important that violence inside correctional institutions should be regarded in a serious light. In my view the sentence imposed by the magistrate was a perfectly proper one and I am satisfied that when passing it he took into account all the relevant considerations.

5. The appeal against sentence is dismissed.

Representation:

Appellant in person.

Mr. A.A. Bruce, Senior Crown Counsel, for Crown.