Chan Kam Ping v. The Queen
|
CACC000714/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 714 OF 1975 -----------------
----------------- Coram: Huggins & McMullin, JJ. Date of Judgment: 2nd October 1975. ----------------- JUDGMENT ----------------- Huggins, J.: 1. This Appellant was convicted on his own confession of offences of possession of arms and possession of ammunition. He appeals against the sentences of eighteen months' imprisonment on each charge passed by the learned District Judge. 2. The circumstances were that the police suspected this Appellant of being concerned in a robbery. He was questioned about that and denied it, but, without any knowledge on the part of the police as to there being such a weapon, he frankly admitted to them that he had in his possession a pistol and ammunition. According to the facts as stated to the judge the Appellant claimed that he had handed it to a friend for safe keeping, but that appears to be incorrect. As we understand it it is common ground that the Appellant had received the items for safe keeping. He had them in his home and he took the police there and they were found. There was no evidence to connect the Appellant with the robbery. 3. This is a very dangerous weapon. It is a toy pistol which has been altered so as to take .22 inch caps and home made bullets. The ballistics officer stated that this weapon could cause serious injury or even death. He did not say to whom and it is quite possible that it would be serious injury or death to the firer as much as to anybody else. Be that as it may, it was a dangerous weapon and we do not think that we can overlook this offence entirely. 4. However, in all the circumstances we do not think that the sentences of eighteen months' imprisonment were called for on a Defendant who was twenty years of age and had no previous convictions. The Commissioner of Prisons has certified that the Appellant is suitable for detention in a Detention Centre and we will allow the appeal and substitute a sentence of detention in a Detention Centre for the terms of imprisonment. 2nd October 1975. Representation: |