Leung Yiu-nam v. The Queen

CACC001102/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.1102 OF 1975

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Coram: Briggs, C.J. and Huggins, J.

Date of Judgment: 8th January, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to the offence of wounding with intent to do grievous bodily hard contrary to section 17 of the Offences against the Person Ordinance, Cap. 212 and was sentenced to a term of imprisonment of eight years, He appeals against his sentence.

2. The appellant, together with another man, attacked the victim while he was watching a game of football. Each of them was armed with a short chopper which, in each case, was a tool used by them in their occupation which was that of a carpenter. A friend of the victim, a police constable who was off duty, witnessed the attack and when the victim and his assailants (including the appellant) ran away from the football field, he chased them. The police constable fired a shot which wounded the appellant. The appellant was arrested but his companion escaped. The victim suffered three separate wounds and spent a few days in hospital.

3. There was some evidence that there had been bad blood between the victim and the appellant because of the former's conduct towards the latter on a previous occasion, but it was conceded that this did not amount to an immediate provocation.

4. The appellant is a man of 24. He has a clear record, was in good employment and he pleaded guilty to the offence.

5. We think that taking these circumstances into consideration, the period of eight years' imprisonment was excessive and that justice would best be done if we reduced the sentence to one of six years' imprisonment. We so order accordingly.

Representation:

Appellant in person.

Reid for crown.