Chan Yiu Kit v. The Queen

CACC000055/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 55 OF 1975

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Coram: Huggins & Pickering, JJ.

Date of Judgment 6th March 1975. 

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JUDGMENT

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Huggins, J.:

1. This is an appeal against a sentence of four years' imprisonment for wounding with intent. The Appellant was charged jointly with another man, who was acquitted.

2.           We have only the Reasons for Verdict of the learned judge and not the evidence, but on a careful consideration of the judge's reasons it would appear that he accepted that this was not a one-sided attack. All the protagonists were neighbours and both sides went to the scene of the alleged offence armed: the victim came out of his house with a water-pipe, while the Appellant was armed with a chisel. (As to that it is fair to point out that he is a carpenter by trade). There had obviously been some local dispute between them and the judge appears to accept the Appellant's story that the two sides attacked each other simultaneously. The attack of the victim was not very violent, but the Appellant struck a violent blow at the victim's hand. Thereafter, and this was the gravamen of the offence, the victim having turned away, the Appellant stabbed him in the back. We think that, if the judge had accepted the story of the prosecution that the other Accused had held the victim while this Appellant stabbed the victim, the four years would have been amply justified. However, the offence was clearly committed in hot blood, following upon what had started a a fight. Even accepting that the two Accused were in part responsible for provoking the other man we think that four years' imprisonment is unduly high. The Appellant had previous convictions but nothing of a violent nature and in all the circumstances we think justice will be done if the sentence is reduced to one of two years' imprisonment.

6th March 1975.

Representation: