Chan Bing-wah v. The Queen

Case No.CACC 1105/1975

Court

Court of Appeal

Date22 Dec 1975

Judge—

Case Document

100%

CACC001105/1975

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 1105 OF 1975

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BETWEEN
	CHAN Bing-wah	Appellant
	and
	The Queen	Respondent

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Coram: Yang J. in Court

Date of Judgment: 22nd December, 1975.

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JUDGMENT

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1. The Appellant was charged with possession of a dangerous drug and resisting arrest, to both of which he pleaded not guilty. Upon conviction of both offences, the appellant said in mitigation: "I wish Your Lordship to release me as soon as possible to reform myself. My mother at the moment is falling sick. Because my mother is sick I need a job to support my family. Now I realize that I have done something wrong. I prefer caning if possible so as to remind in future not to do anything against the law. No more."

2. The Appellant now appeals against his conviction. In his Statement of Findings the learned trial magistrate said:

"1. In view of the terms of the appellant's pleas in mitigation I propose only to state formally that my findings were as follows:-

	(a)	Each of the three P.W.'s was an honest and accurate witness, and their evidence was consistent and credible;
	(b)	I disbelieved the appellant's testimony that he did not have the packet, the subject of Charge (B), in his possession when searched and that he did not know when he pushed P.W.1 that the latter was a police-officer;
	(c)	the evidence of the appellant's mother (D.W.2) did not assist one way or the other;
	(d)	the ingredients of each offence (Charges (B) and (C)) had been proved beyond reasonable doubt by the testimony of the three P.W.'s.

2. Accordingly I convicted the appellant on both the charges then before me and acquitted the appellant on the charge on which the prosecution had offered no evidence."

3. In my judgment a plea in mitigation which has the semblance of a confession does not release the trial magistrate from his duty to make his Statement of Findings in full and in the manner prescribed. I regret to say that I find very little assistance from the Statement of Findings in the present case.

4. Having considered the Appellant's submission and having read the record of proceedings, I come to the conclusion that the conviction is proper. I accordingly dismiss the appeal.

	(T.L. Yang)
	Puisne Judge

Representation:

Appellant in person.

Adams C.C. for Crown.