WONG SAI LOK v. THE QUEEN
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IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 85 OF 1973
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| BETWEEN | ||
| WONG Sai-lok | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Leonard J. in court
Date: 21st February 1973
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JUDGMENT
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1. This appellant in this case is a young man of 17 who pleaded guilty in the court below to assault occasioning actual bodily harm. The facts to which he admitted were that at about 6.45 p.m. on the 3rd of December the victim, a young man of 19 years, was on his way home from work. Outside block 15, Chai Wan Resettlement Area, this appellant and another approached him, dragged him into a playground where five people including this appellant gave him a vicious beating up, so vicious that he had to be sent to Tang Shiu Kin Hospital for medical treatment. There he was founded to be suffering from multiple contusions, abrasions and lacerations.
2. The learned magistrate on hearing that the appellant had a clear record called for a Probation Report and a Training Centre Report and also a Detention Centre Report. He gave consideration to these reports and notwithstanding the plea of guilty of the appellant and his previously clear record, the learned magistrate decided that the best thing to do both for the future of the appellant and in order to deter others from crimes similar to this was to send him to a Training Centre. It is to be noted that neither the report from the Training Centre nor the Probation Officer’s report was favourable to the appellant. The learned magistrate referred to the Probation Officer’s observation that the appellant was possibly on the verge of more serious crime and to that of the Commissioner of Prisons that the appellant needed a fairly long period of institutional training in a Training Centre. The Commissioner of Prisons reported that he was not suitable for a Detention Centre. It is clear from the record that the sentence imposed on this young man received that most careful consideration from the learned magistrate, from the Probation Officer and from the Commissioner of Prisons.
3. I see no reason whatsover for interference with this sentence and this appeal is accordingly dismissed.
(P.F.X. Leonard) Puisne Judge |
Appellant in person.
Mr. Corrigan, S.C.C. for Crown/Respondent.