IP KAM MING v. THE QUEEN
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CACC000532/1977
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
CRIMINAL APPEAL NO. 532 OF 1977
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| BETWEEN | ||
| IP KAM MING | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Zimmern, J. in Court.
Date of Judgment: 6 June 1977
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JUDGMENT
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1. In this case the appellant on the 13th April 1977 at San Po Kong Magistracy pleaded guilty to 3 charges namely A) Criminal intimidation B) Assault occasioning actual bodily harm and C) Being a member of a triad society. On the 28th April he was sentenced on the A charge to 9 months' imprisonment, B charge 12 months', C charge 6 months' to be served consecutively. The learned magistrate had deferred sentence on the 13th April to obtain a pre-sentence report from a probation officer. In his statement of findings the learned magistrate said that despite the fact that charges A and B might seem to be interconnected each was separate and distinct. He then imposed consecutively sentences. In my view this is wrong. The gist of the 2 charges really amounted to this: "If you do not give me the address of the girl I intend to beat you up". The complainant refused to give and the appellant beat him up.
2. This was really one transaction even though 2 offences could be spelt out of that transaction. The sentences ought to have been concurrent.
3. The learned magistrate said he had formed the conclusion that charges A and B were committed in furtherance of the appellant's intention to live on money given him, a triad member, by the complainant on behalf of the girl. This is not supported by the brief facts of case or the Probation Officer's report.
4. As the learned magistrate had taken into consideration that the assault had triad undertones when imposing a sentence of one year's imprisonment justice would be served in this case if all three sentences were to be served concurrently. Accordingly I allowed the appeal and ordered the 3 sentences imposed be served concurrently.
| (A. Zimmern) | |
| Judge of the High Court |
Representation:
Appellant in person.
Adams for Crown.