Law Mei-kam (F) v. The Queen
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CACC000859/1978
Coram: Briggs, C.J. Date of Judgment: 21st October, 1978. ----------------- JUDGMENT ----------------- 1. The appellant was found guilty of assault occasioning actual bodily harm and sentenced to seven days' imprisonment. In addition, two orders were made for compensation to be paid to the two victims of the assault. 2. The assault arose out of a squabble of some women at a public standpipe in a housing estate. There was ample evidence put before the magistrate on which to found the conviction and I dismissed the appeal against conviction. 3. The appellant has a previous conviction of the same offence and the probation officer's report which was called for by the magistrate, clearly indicates that she has had trouble with her neighbours before on more than one occasion. I do not think, therefore, that the sentence passed by the magistrate was wrong in principle. However, the appellant is at least seven and a half months' pregnant and, indeed, I was told that she has recently been in hospital because it was thought that the birth of the baby was due. For that reason and for that alone, I allowed the appeal against sentence to the extent that the order for immediate imprisonment for seven days is quashed and substituted therefor an order that the appellant be imprisoned for a period of two weeks but that that sentence is to be suspended for one year. The orders for compensation will stand.
Representation: Sparrow (John Ip & Co.) for appellant Aiken for crown |