KWONG WING-CHU v. THE QUEEN

CACC000639/1976

  

IN THE SUPREME COURT	Criminal Appeal
	1976 No. 639

  

BETWEEN:
	KWONG Wing-chu	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 3rd July, 1976.

 

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JUDGMENT

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1. The appellant was convicted of indecent assault on a female and of resisting arrest. He was sentenced to twelve months' imprisonment on the first charge and to three months' imprisonment on the second charge, the sentences to be served consecutively.

2. The appellant appealed both against his conviction and sentence but at the hearing of the appeal he abandoned his appeal against conviction.

3. The appellant indecently assaulted a police woman who was in plain cothes in a crowded place. This was witnessed by another police officer who arrested the appellant after a struggle.

4. In my view, the sentence of twelve months' imprisonment for indecent assault was wrong in principle. It was a comparatively minor offence although it is true to say that one of the witnesses, the police officer, deposed that he had seen the appellant trying to assault other women at the scene.

5. The appellant is a young man of 21 and he has a clear record. He has already served two weeks of his sentence and I think he has learnt his lesson. I therefore allow the appeal against sentence to the extent that the sentence of twelve months be set aside and a fine of $500 be substituted therefor or six months' imprisonment in default of payment. There will be one week in which to pay the said fine. On the second charge, the sentence will be reduced to such a term of imprisonment to enable the appellant to be released at once.

  

  

	...(illegible)
	(Geoffrey Briggs)
	Chief Justice.

  

Representation:

J. Kwong (N.K. Tsang & Co.) for appellant

Gall for crown/respondent.