CHAU SIU HUNG v. THE QUEEN
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CACC001254/1977
| IN THE SUPREME COURT | |
| Criminal Appeal | |
| 1977 No. 1254 |
| BETWEEN | ||
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| CHAU SIU HUNG | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Morley-John, J.
Date of Judgment: 8th December, 1977.
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JUDGMENT
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1. The appellant was found guilty of escaping from lawful custody and sentenced to a term of two years' imprisonment. He appealed against conviction but not against sentence. There was no merit whatsoever in his appeal against conviction, but considering the facts of the case it did appear to me that the sentence of two years' imprisonment for escaping from lawful custody in the circumstances of this case was manifestly excessive. I have therefore dismissed the appellant's appeal against conviction but have allowed him to appeal out of time against his sentence of two years' imprisonment.
2. The appellant and another person were arrested by the police in connection with a suspected dangerous drug offence. The appellant was in fact charged with the offence of simple possession before the learned magistrate who found the appellant not guilty of the offence. However he did quite properly find the appellant guilty of escaping from lawful custody. After the arrest the appellant and this other person were hand-cuffed together, and when the police were off guard they both made a bolt for it. The appellant was later apprehended. As well as being charged with escaping from lawful custody the appellant was also charged and found guilty of theft of the handcuffs for which offence the learned magistrate sentenced the appellant to six months' imprisonment to be served concurrently with the sentence of two years' imprisonment for escaping from lawful custody. The appellant does not appeal in respect of the theft charge.
3. As I have said I consider that the sentence of two years' imprisonment for escaping from lawful custody as the appellant did is grossly excessive and the appeal against this sentence is allowed to the extent that the sentence of two years' imprisonment is reduced to one of three months.
| sd. (M. Morley-John, J.) |
Representation:
Appellant in person.
Mr. Maxwell, crown counsel, for crown/respondent.