The Queen v. Cheng Yuet Hoi

CACC000820/1983

IN THE COURT OF APPEAL

BETWEEN

Coram: McMullin, V -P., Li & Silke, JJ.A.

Date: 21st October 1983

__________

JUDGMENT

__________

Silke, J.A.:

1. The applicant - a man of twenty five - was convicted on his own plea, on the 2nd May of this year, of an offence of wounding with intent and he received a sentence of four years' imprisonment.

2. The wounding had taken place on 17th March 1983 when an neighbour of the applicant was chopped by him because, apparently, the neighbour used some foul language towards the applicant.

3. The trial judge, noticing the lengthy list of previous convictions which the applicant had - two of them being possession of offensive weapons, one a. Robbery and another, in 1979, being a section 19 wounding - and being aware that the applicant had some psychiatric history, adjourned the question of sentence and called for further psychiatric report and the background report from Social Welfare Department.

4. The net result of the reports was that the applicant had no form of psychiatric disorder and that he would not benefit from psychiatric treatment. He seems to be a hot-tempered and revengeful person. The trial judge then imposed the sentence to which I have referred, taking the view that only a substantial immediate custodial sentence would be appropriate and that the applicant was a dangerous man from whom members of the public were entitled to be protected. We cannot fault that reasoning and we think the sentence in the circumstances to have been the appropriate one.

5. We simply say this in relation to the matter generally that there appears to have been no full medical report in relation to the victim of the-wounding before the trial judge. All that he had was a chit which referred to multiple chop wounds and that the victim had been admitted to surgery.

6. In cases of this nature that is unsatisfactory. The Crown should procure a full medical report which either can be produced in evidence in the normal way if there is a trial or handed up to the Judge if there is a plea of guilty.

7. In the event, the application for leave to appeal against sentence is refused.

Representation:

Applicant in person.

J. O'Neil, Esq. for Crown/Respondent.