The Queen v. Tsang Chi

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 727 OF 1987

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BETWEEN

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Coram : The Hon. Bewley, J. in Court

Date of hearing: 10th November 1987

Date of delivery of judgment: 10th November 1987

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J U D G M E N T

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1. The appellant pleaded guilty to wounding, contrary to Section 19 of the Offences against the Person Ordinance. He was sentenced to 2 years imprisonment, against which he now appeals.

2. The victim and the appellant had been friends for some years. On the evening in question they had an argument. The appellant was peeling potatoes at the time and had a chopper in his hand. They began to fight and the appellant struck the victim on the forearm, causing a deep wound 8 cm long and rupturing the tendon.

3. The appellant is 68. He has two previous convictions for possessing Chi Fa tickets and one for smoking opium.

4. In his reasons for sentence, the magistrate said .

"In my view he should have been dealt with in the district court where I have no doubt he would have been sentenced to at least 3½ years imprisonment and may be much more."

5. The magistrate may have thought he was dealing with a case of wounding with intent. The fact is that the maximum sentence for a Section 19 wounding is three years imprisonment.

6. Anyone who deliberately causes such an injury with a chopper must go to prison. It seems to me however that the magistrate did not give sufficient weight to the mitigating factors, particularly the appellant's plea, his age and the fact that the weapon was already in his hand when the argument began.

7. The appeal is allowed and the sentence reduced to one of 12 months.

Mr. Stephen Wong, Crown Counsel for Respondent

Miss Susan Kwan (assigned by-D.L.A.) for Appellant