Chu Kang-hung v. The Queen
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CACC000733/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 733 OF 1975 -----------------
Coram: Briggs, C.J. Date of Judgment: 4th October, 1975. ----------------- JUDGMENT ----------------- 1. In this case the appellant pleaded guilty to three charges of assault occasioning actual bodily harm. He was sentenced to nine months on the first charge, three months on each of the other two charges. The magistrate ordered that the sentences on the first and second charges should be consecutive and that the sentence on the third charge should be concurrent - the total length of sentence which the appellant has to serve is therefore twelve months. 2. The assault which is the subject matter of the first charge arose out of a family dispute. The appellant and his common law wife were living with her mother. On the 12th July, 1975 a dispute arose between the mother and the appellant. The appellant attacked the mother who received injuries to her collarbone. This was reported to the police and during their investigations the assaults, the subject matter of the second and third charges, came to light. These had occurred on June 20th, 1975. 3. On that occasion, the appellant tripped over something on a pavement outside a building which was being redecorated by two men. The appellant blamed the men for leaving an obstruction on the pavement in his path and attacked them both with his fists and with a wooden pole which he picked up at the scene. As a result of the assault the two men reported the matter to the police and both received treatment for abrasions at a hospital. 4. It would seem from a probation officer's report that there is a history of drunkenness but this was not put forward at the trial as a defence. 5. In my view twelve months for these offences is excessive. The nine months is excessive so far as the first charge is concerned. The reason for the assault which was given in the court below and again at the hearing of the appeal was uncontradicted. Even if it were only half true such conduct would go a long way towards mitigation. Also the mother, the victim of the assault in the first charge, was not seriously hurt. She was bruised but the clavicle was not broken. 6. I therefore allow the appeal to the extent of quashing the sentences and substituting therefor a sentence of six months' imprisonment on each of the three charges which sentences are to be served concurrently. The appellant will serve a total of six months and not twelve months in consequence.
Representation: Appellant in person. F. Wong for crown/respondent. |