Wong Yan v. The Queen

CACC000597/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 597 OF 1969

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Coram: Briggs & McMullin, JJ. in court.

Date of Judgment: 1 September 1969

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JUDGMENT

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1. The appellant applied for leave to appeal against his sentence. The court granted that application and treated it as the hearing of the appeal.

2. The appellant pleaded guilty to manslaughter and was sentenced to five years' imprisonment. Against that sentence he has appealed. The appellant is a man of 63 who has, in the words of his counsel, had more than his share of bad luck in his life.

3. At the time of the offence the appellant was living with his wife who was nearly 20 years younger than he, together with their seven children aged from 3 - 17 years. They all lived in one small room in a resettlement estate. The appellant suspected that his wife was carrying in an association with another man. A day or so before the offence one of his daughters reported to him that she had seen the wife and that other man together in a car in circumstances from which it might be assumed that their relationship was of an intimate nature. The appellant taxed his wife with this and a quarrel ensued which lasted on and off for some four days.

4. On the day of the incident, very early in the morning, the appellant got up when his family was asleep, to talk this matter over with his wife. She refused to discuss the matter and talked loudly so as to awaken the children. She took hold of an axe and attacked the appellant who wrested it from her. He lost complete control and struck her with the axe and a chopper as a result of which she died.

5. The appellant has a clear record and there is no history of violence. From the evidence of the children who were present and the photographs exhibited to the court, it is obvious that the appellant lost his self control completely. One of the daughters who was present said she thought that her father had gone mad.

6. In the case of Lai Sai⁽¹⁾ the facts were very similar. A man past his prime was provoked by a woman: he lost his temper and hit her with a weapon and she died from her injuries. There was in that case a history of quarrelling between the parties as is the case here. In Lai Sai's case⁽¹⁾ the Full Court reduced the sentence of 5 years' imprisonment for manslaughter imposed by the trial judge to a sentence of 3 years.

7. We propose to adopt the same course in this case. In view of the circumstances surrounding the offence and in view of the age of the appellant, we consider that the appropriate sentence in this case is one of 3 years.

8. The appeal is allowed to the extent that the sentence of 5 years' imprisonment passed in the lower court is reduced to a sentence of 3 years' imprisonment.

Representation:

Appellant in person.

Penlington, C. C. for Crown.

Oral Judgment reduced into writing.

(1) Criminal Appeal No.195 of 1968.