Lau Kwok-kong v. The Queen

CACC000588/1977

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Coram: Cons, J.

Date of Judgment: 15th July 1977

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JUDGMENT

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1. This appellant was convicted of criminal intimidation and of obstruction and of assault upon a police officer in the execution of her duties. She was attempting to do her duty in relation to a possible hawking offence. The appellant was exceedingly coarse and abusive, pushed the officer to the ground and ultimately, as she strategically and sensibly retreated, threw a half brick at her. He said that the police officer twisted the facts at his trial. I do not think that this was so.

2. Two matters may be raised in his favour. The first is that though he pleaded not guilty he did not seriously contest his conduct at the trial which he conceded arose from his loss of temper. The second is that he has a completely clear record. He had been sick for a while prior to the incident and was attempting to make some money by hawking on credit. In the particular circumstances I am satisfied that it is the shock of going to prison rather than the length of the term itself that is important. Three months will be sufficient punishment for the appellant's conduct, while at the same time this will indicate to anyone else who is like-minded that prison for this kind of conduct is inevitable.

Representation:

Appellant in person.

Mr. Polson, Crown Counsel, for the respondent.