The Queen v. Wong Chi Yung

IN THE COURT OF APPEAL

1986, No. 602
(Criminal)

BETWEEN

THE QUEEN

And

WONG CHI-YUNG

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Coram: Hon. Yang & Silke, JJ.A. and Penlington, J.

Date of hearing: 17th February, 1987.

Date of delivery of judgment: 17th February, 1987.

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JUDGMENT

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Yang, J.A. :

1. The Appellant pleaded guilty to 2 charges of attempted murder, the victims being her two sons: one 3½ years of age and the other 7½ months at the time of the offences.

2. This was an attempted murder as well as an attempted suicide resulting from a rift between husband and wife which developed over a fairly lengthy period of time. It is not necessary for us to go into details as to the background which caused the rift. Suffice it to say that she was, to use common parlance, at her wit's end, and in a moment of desperation, she switched on the gas in her flat in an attempt to kill herself and her two children, after having consumed some wine.

3. We are told today that a reconciliation between husband and wife has been achieved and that the husband is anxious to inform the Court that the matter was his fault. It is, as Mr. Payne says, more a social problem, and we are content to view it as such. There is no real likelihood of a repetition of the offence and we are prepared to take a lenient view in the case. We are however of the opinion that, in principle, this is a matter which calls for an immediate custodial sentence.

4. In all the circumstances of the case, therefore, we would allow the application, treat the application as the appeal proper and allow the appeal by reducing the sentences to a term which would enable the Appellant to be released today.

Ian Payne (D.L.A.) for Applicant

A.A. Bruce & Eddie Sean for Crown/Respondent