Ho Cheuk-wah v. The Queen

CACC000716/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 716 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 9th September, 1975.

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JUDGMENT

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1. In this case the appellant was found guilty of assault occasioning actual bodily harm and sentenced to six months' imprisonment. He appeals against his sentence and conviction.

2. The appellant was a public light bus driver and the Crown's case was that in an altercation with a taxi driver, he struck the taxi driver with a metal bar on the head causing him injury.

3. At the hearing of the appeal, Mr. Sedgwick, who appeared on the appellant's behalf, withdrew the appeal against conviction. However, he addressed the Court as to the sentence of six months' imprisonment. Mr. Sedgwick told the court that the record of the case gave a false impression of the incident. He said that the record could be read as suggesting that it was the appellant who struck a single blow and injured the taxi driver but that no other blows were struck.

4. In the evidence of the appellant he stated that he had injuries on his left eye. I was told that these injuries occurred at the same time as the injury was inflicted on the taxi driver. In fact, there was a considerable altercation and several other people were involved. The appellant admits that he struck one blow on the head of the taxi driver but also states, through his counsel, that his injury was such that he had been detained in hospital.

5. It would seem that the surrounding circumstances of the assault were not adequately explored in the court below. There is no doubt, however, that an assault was committed by the appellant. In the circumstances, I ordered that the sentence of six months passed on the appellant be suspended for a period of twelve months.

Representation:

Mr. Sedgwick (Hastings & Co. ) for appellant.

Miss Kam, c.c. for Crown/Respondent.