Yeung Wan v. The Queen

Case No.CACC 621/1976

Court

Court of Appeal

Date26 Jun 1976

Judge—

Case Document

100%

CACC000621/1976

IN THE SUPREME COURT

	CRIMINAL APPEAL
	1976 No. 621

BETWEEN
	YEUNG WAN	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 26th June, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to criminal intimidation and was sentenced to three months' imprisonment. He now appeals against sentence.

2. The appellant was a hawker and was told to move on by a police constable because he was causing obstruction. Some ten minutes later the constable returned and found the appellant was still there. He told the appellant that he intended to arrest him, at which point the appellant argued with him and threatened to make an unjustified report of the conduct of the police constable to the I.C.A.C.

3. This is not a trivial offence and, in my view, the magistrate rightly imposed a custodial sentence. However, the appellant has a clear record since 1952 and is no longer young.

4. Following Criminal Appeal No. 444 of 1976, Tsang Cheuk Lun v. The Queen, which is a case of a similar nature, I think the proper course to take in this appeal is to allow the appeal to the extent that the sentence be suspended for eighteen months, and I order accordingly.

	...(illegible)
	(Geoffrey Briggs)
	Chief Justice.

Representation:

Peter Chan (H.C. Yeung & Co.) for appellant.

Reid for crown/respondent.