Leung Chan v. The Queen
Read the full judgment text of CACC 470/1971 on BabelCite. This Court of Appeal judgment.
1. The Appellant was originally indicted on four counts. Charges of wounding with intent to murder two police officers were not proceeded with. He was tried and convicted of wounding with intent to do grievous bodily harm or to resist his lawful apprehension, these counts being in respect of the same two police officers.
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CACC000470/1971 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 470 OF 1971 -----------------
----------------- Coram: Huggins, Pickering and Leonard, JJ. Date of Judgment: 10th September, 1971. ----------------- JUDGMENT ----------------- Huggins, J: 1. The Appellant was originally indicted on four counts. Charges of wounding with intent to murder two police officers were not proceeded with. He was tried and convicted of wounding with intent to do grievous bodily harm or to resist his lawful apprehension, these counts being in respect of the same two police officers. 2. The Appellant filed a Notice of Application for leave to appeal against sentence. He admits that he signed this document and that it was translated to him. He knew full well that he was appealing against sentence only and yet he has come before us complaining that he is not satisfied with the way he was tried and says that that is why he is appealing. He has conceded that if he was rightly convicted the sentence of detention in a Training Centre which was passed upon him was not wrong. He is clearly wasting the time of this Court. Not only do we think that the sentence of detention in a Training Centre was not wrong in the sense that it was excessive, we think he was extremely lucky that such a sentence was passed and it is only his age, which is 16 1/2, that prevents our seriously considering increasing the sentence. 3. It is enough to say that the Appellant was one of two men stopped by the police late at night. They were searched and this Appellant then produced a knife and attacked the police officers. Both of the officers were seriously injured and, as I have said, if the Appellant had been a little older we might well have thought that this was a proper case for him to be sent to prison. 4. The application for leave to appeal is dismissed. The sentence will, of course, run from today. Representation: Appellant in person. Duckett S.C.C. for Respondent. 10th September, 1971. |