Chan Hon-ying v. The Queen
Read the full judgment text of CACC 1046/1974 on BabelCite. This Court of Appeal judgment was delivered on 7 January 1975.
1. This appellant wounded his neighbour with an iron bar. He felt, whether correctly or not, that his neighbour's daughter was leading his own wife and daughters into bad habits. A dispute arose, which in turn led to the attack. Unfortunately, it is not the first time that the appellant has proved violent. He has two previous convictions for wounding, being bound over on each occasion. Clearly a custodial sentence of some severity was required. He was given twelve months.
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CACC001046/1974 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 1046 OF 1974 -----------------
----------------- Coram: Cons, J. Date of Judgment: 7 January 1975 ----------------- JUDGMENT ----------------- 1. This appellant wounded his neighbour with an iron bar. He felt, whether correctly or not, that his neighbour's daughter was leading his own wife and daughters into bad habits. A dispute arose, which in turn led to the attack. Unfortunately, it is not the first time that the appellant has proved violent. He has two previous convictions for wounding, being bound over on each occasion. Clearly a custodial sentence of some severity was required. He was given twelve months. 2. The appellant is a man of 53 years of age. His wife has a history of mental illness. He has three daughters to care for, the youngest still only nine. He has a regular job as an earth coolie subject to the present general economic uncertainties. He is liable to lose his job if he is absent too long. The injuries inflicted were in fact not serious. Bearing in mind these particular circumstances I am prepared, as an act of clemency, to reduce his sentence to one of four months, which will enable him to be discharged from prison shortly before the forthcoming Chinese New Year. Representation: T.J.R. Carolan, Sr. Crown Counsel, for the Respondent. Appellant in person. |