KWOK WING-YIN v. THE QUEEN

CACC000414/1975

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 414 OF 1975

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BETWEEN:
	KWOK Wing-yin	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 11th June, 1975.

 

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JUDGMENT

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1. The appellant was found guilty of being in possession of an offensive weapon and sentenced to eighteen months' imprisonment, and for resisting arrest for which he was sentenced to three months' imprisonment, the sentences to be served concurrently.

2. The facts are simple. A party of uniformed police in a car noticed five or six young Chinese running together near a resettlement estate. The police shouted to them to stop but they ran away. The appellant was caught and in his possession was found armed and there was a third weapon found near the spot. The knife which was found in the possession of the appellant was a very ugly weapon.

3. The appellant does not have a clear record and he has served a term in a detention centre for robbery in 1973. However, I think a sentence of eighteen months' imprisonment for being in possession of an offensive weapon of this nature is too heavy, in the circumstances of this case. The appellant's appeal against conviction is dismissed but the appeal against sentence is allowed to the extent that the sentence of eighteen months' imprisonment be reduced to nine months.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person.

Macdougall for crown.