Lam Yiu-kwong v. The Queen

Case No.CACC 989/1976

Court

Court of Appeal

Date06 Oct 1976

Judge—

Case Document

100%

CACC000989/1976

IN THE SUPREME COURT	Criminal Appea
	1976 No. 989

BETWEEN:
	LAM Yiu-kwong	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 6th October, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to the offence of fighting in a public place contrary to section 25 of the Public Order Ordinance and was sentenced to six months' imprisonment. He appeals against his sentence.

2. The appellant was driving his car behind a concrete mixer. The concrete mixer stopped and the appellant was unable to pass because it blocked the road. The appellant then alighted from his vehicle and complained to the driver of the concrete mixer. An argument between the two of them developed into a fight. During the fight the appellant fetched a hammer from his vehicle and hit the driver of the concrete mixer, who retaliated by biting the appellant's lip. The driver of the concrete mixer was injured on his body.

3. The appellant has a clear record and has expressed genuine contrition for what occurred. Although it was not wrong of the magistrate to imposed an immediate custodial sentence, it appears to me that the appellant has learnt his lesson and I therefore order that his appeal be allowed to the extent of substituting a suspended sentence of six months' imprisonment for the immediate custodial sentence. The suspension to be for a period of eighteen months from to-day.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Mr. Finny CHAN (Raymond Tang & Co.) for appellant.

Miss Beeson for the Crown.