Cheung Sun-cheung v. The Queen

Case No.CACC 707/1975

Court

Court of Appeal

Date08 Sep 1975

Judge—

Case Document

100%

CACC000707/1975

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

Criminal Appeal No. 707 of 1975

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BETWEEN:
	CHEUNG Sun-cheung	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 8th September, 1975

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JUDGMENT

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1. The appellant was found guilty of the offences of criminal intimidation, blackmail and being a member of a triad society. He appeals against his conviction and sentence.

2. The appellant is a married man and the case for the prosecution was that serious differences had arisen between himself and his wife and that he had demanded $10,000 from her as a separation payment and forced her, in fact, to lead a life as a prostitute. The sole evidence against him was that given by his wife and She gave evidence that the appellant had told her that he was a member of the 14K triad gangs.

3. The appeal against conviction for being a member of a triad society must be allowed as the wife of the appellant was not a competent witness against her husband as regards that offence. However, there was sufficient evidence before the court for the convictions of criminal intimidation and blackmail and the appeals against conviction in respect of those two offences are dismissed.

4. Having imposed the sentence of nine months' imprisonment for each of those two offences, which sentences were ordered to be served concurrently, the magistrate noted that he thought that an eight months' sentence would be adequate. It appeared from the record and from what was stated by Mr. Chau, who appeared for the appellant at the hearing of the appeal, that there had been a long history of disagreement between the appellant and his wife and that it could be said that the blame did not lie entirely on the head of the appellant.

5. In the circumstances, I think that justice would best be served if the appeals against sentence on the charges of criminal intimidation and blackmail be allowed to the extent that the nine months' period of imprisonment be reduced to eight months in each case, and that the sentences be suspended for eighteen months.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Edmund Chow (Gunston & Chow) for appellant.

Polson for Crown.