Kwok Ching-keung v. The Queen

CACC000510/1978

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 4th July, 1978.

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JUDGMENT

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1. The appellant, aged 24, pleaded guilty to manslaughter and was sentenced to ten years' imprisonment. He also pleaded guilty to wounding with intent and was sentenced to one year's imprisonment, the sentences to be concurrent.

2. The deceased, Madame YAM Kan-mei, a married woman, helped the appellant in his employment in 1972. Madam Yam was aged 34 and had two daughters, aged 13 and 11 respectively. The accused was a casual visitor to Madame Yam's home and visited her there on September 17th, 1977. At that time the husband of Madame Yam was away from home at sea. After meal, the two daughters of Madame Yam went out to play with their bicycles outside the flat. The appellant remained watching television. Whilst so engaged, Madame Yam made amorous advances towards him which were rejected by the appellant. This led to a quarrel and there was ample evidence that the deceased, not only instigated the quarrel but persisted in it. The deceased used an umbrella and a vase with which to strike the appellant and the appellant was goaded into fighting back. Eventually, she caused him to lose complete control and he struck her repeatedly about the head with a chopper. She died from these injuries. The appellant was about to leave the flat when the daughters of the deceased returned. He thought that one of them was trying to prevent him getting away and struck her on the head with a bottle. The wounding charge relates to this incident.

3. This was a case in which, from the nature of the wounding alone, it can be seen that the appellant was provoked into losing his self-control completely in circumstances in which any reasonable person would behave in a like manner.

4. Counsel for the appellant drew our attention to various cases tried recently in this court. It appears that in cases similar to the present case the range of sentence that the court imposes is between three and five years. We are grateful for having our attention drawn to the cases.

5. We think that in view of the particular conduct of the deceased in this case and her persistence in attacking the appellant who was trying to get away from her at the beginning of the quarrel, shows that this case falls to be considered within that bracket.

6. We think that the sentence of ten years on the manslaughter charge cannot be justified and is manifestly excessive. In the event, taking into consideration the clear record of the appellant and his age, we substitute a sentence of three years' imprisonment. The sentence on the wounding charge will stand and will be served concurrently.

Representation:

R. Faulkner (D.L.A.) for appellant

Stoppa for crown