Yu Wing Fuk v. The Queen

Case No.CACC 853/1969

Court

Court of Appeal

Date13 Mar 1969

Judge—

Case Document

100%

CACC000853/1969

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 853 OF 1969

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BETWEEN
	YU WING FUK (2nd Accused)	Appellant
	AND
	THE QUEEN	Respondent

Coram: Full Court (Briggs, Mills-Owens and Huggins JJ.)

Date of Judgment: 13 March 1969

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JUDGMENT

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1. The appellant was convicted of robbery with aggravation and sentenced to imprisonment for 3 years and six strokes of the cane. In addition he was ordered to be under Police supervision for two years when he comes out of prison.

2. He appealed against conviction and sentence. The Court below did not ask for a Probation report nor for a medical report as to his fitness to undergo corporal punishment. The Court called for both a Probation and a medical report, which were served on Counsel for the appellant.

3. The appellant is 21 and has six previous convictions. On January 18th 1969 he was placed on probation for 18 months having been convicted of robbery. The offence which is the subject matter of this appeal was committed on July 31st 1969.

4. The Court dismissed the appeal against conviction. The medical report stated that the appellant was unfit to undergo corporal punishment. The Court, therefore, varied the sentence by quashing the order for corporal punishment and directed that the time spent in prison pending the hearing of the appeal should count towards sentence.

(G.G. Briggs)	(R. H. Mills-Owens)	(Alan Huggins)
President	Appeal Judge	Appeal Judge

Representation:

Martin Lee (C. C. Lee & Co.) for Appellant.

Corcoran, S.C.C. for Respondent.

Oral Judgment reduced into writing.