LEE SIU-WAI v. THE QUEEN

CACC001263/1977

 

IN THE COURT OF APPEAL	1977 No. 1263
	(Criminal)

 

BETWEEN:
	LEE Siu-wai	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., Huggins and Pickering, JJ.A.

Date of Judgment: 2nd May, 1978.

 

-----------------

JUDGMENT

-----------------

 

1. The appellant was convicted of wounding with intent to cause grievous bodily harm and sentenced to four years' imprisonment. The appellant appealed against his conviction and sentence. We dismissed the appeal against conviction.

2. The offence arose out of an incident between members of triad societies. There was a fight; weapons including knives were used; one man was killed and another, the victim in this case, was wounded. The wounds were serious and multiple and he was confined to hospital for a considerable period.

3. There was evidence that at the time of the fight there was considerable confusion. There were some 7 or 8 persons on each side and the incident took place in the restricted confines of a restaurant. And the evidence of the victim was confirmed.

4. The Crown relied on a confessional statement made by the appellant after caution, in which he admitted that he had "chopped" the victim. Read in the ordinary sense, this means that he delivered at least one blow and perhaps only one blow.

5. Because of this we considered that the sentence should reflect the infliction of one blow only on the deceased and not the multiple blows which he must have received.

6. The appellant has two previous convictions, one of which is for assault with intent to rob and the possession of an offensive weapon. In the circumstances, we allowed the appeal against sentence to the extent that a sentence of two and a half years' imprisonment is substituted for the sentence of four years.

 

 

	(Geoffrey Briggs)
	President

 

Representation:

Bernacchi, Q.C. & C.Y. Wong (T.M. Chow & Co.) for appellant

Gurney for crown