CHAU WING-SUN AND ANOTHER v. THE QUEEN

CACC001272/1976

  

IN THE SUPREME COURT	Criminal Appeal
	1976 No.1272

  

BETWEEN:
	CHAU Wing-sun	Appellants
	CHAN Kwok-kei
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 22nd January, 1977.

  

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JUDGMENT

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1. The two appellants were found guilty of assault occasioning actual bodily harm contrary to section 39 of the Offences Against the Person Ordinance. Their appeals against conviction were dismissed. The first appellant was sentenced to three months' imprisonment and to pay $100 towards the witness' expenses and the second appellant was sentenced to one month's imprisonment.

2. The assault arose in a shop which was owned by the first appellant and in which the second appellant was a salesman. A man called CHAN Hon-po went to the shop in order to collect some money due to his employer from the first appellant. A row ensued and CHAN Hon-po was assaulted.

3. Having heard counsel for the appellant, I came to the conclusion that this was a proper case in which a suspended sentence should be imposed. Both the appellants had excellent records and it appears from the facts that CHAN Hon-po was partially to blame for what occurred. I therefore allow the appeals against the sentences imposed in the court below to the extent that the sentences are to be suspended for a period of twelve months.

  

  

	(Geoffrey Briggs)
	Chief Justice.

  

Representation:

R. Mayne (P.H. Sin & Co.) for both appellants.

Caird for the Crown/Respondent.