Yu Min-ho @ Wong Shui v. The Queen

CACC000569/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 569 OF 1975

Coram: Briggs, C.J., Huggins & McMullin, JJ.

Date of Judgment: 15th September, 1975.

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JUDGMENT

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1. This is an appeal against conviction and sentence. The appellant was convicted of one count of burglary and two counts of assault occasioning bodily harm, and sentenced to three years on the first count and two years on each of the second and third counts. The two sentences of two years were ordered to be served concurrently but consecutive to the sentence on the first count. Therefore, the total sentence is five years. The facts are simple.

2. The appellant was caught red-handed at about 4 a.m. on the 6th May as he was burgling a flat. He attacked the two occupants of the flat and injured both of them.

3. There were no grounds for interfering with the convictions in this case and the appeal against conviction is dismissed.

4. The appellant has a long record of previous convictions including offences of previous burglaries and wounding. However, the appellant seems to have kept out of trouble since September 1968. We think that the trial judge did not pay enough attention to this point. For this reason and for no other reason, we think it proper to reduce the sentence on the first charge from three years to two years. This will result in the total sentence which the appellant has to serve as being four years and not five years.

Representation:

Appellant in person.

Adams, c.c. for Crown.