Lai Hang-fat v. The Queen

Case No.CACC 858/1975

Court

Court of Appeal

Date30 Oct 1975

Judge—

Case Document

100%

CACC000858/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 858 OF 1975

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BETWEEN:
	LAI Hang-fat	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 30th October, 1975.

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JUDGMENT

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1. The appellant was found guilty of one offence of blackmail and one offence of theft and sentenced to two years' imprisonment for each offence, the sentences to be served concurrently.

2. The appellant approached a hawker outside a market and threatened him that he would do him harm unless he would give him the sum of $1. The hawker handed over $1 but immediately afterwards, on seeing two plain clothes detective constables reported the matter to them and, in consequence, the appellant was caught.

3. The appellant is aged 22 and has never been in trouble with the police before. There was no real evidence before the magistrate that this offence was committed in the course of triad activities although that might well be inferred, for this sort of blackmail is all too common.

4. I do not think that the sentence of two years is proper in principle in this case. I think it would be proper for the appellant to be given a chance in view of his having no record. The appeal against conviction must be dismissed, but the appeal against sentence will be allowed to the extent that the sentence will be reduced to a sentence of nine months' imprisonment and it will be suspended for eighteen months.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person.

Sharwood for crown.