CHEUNG WAI-TING v. THE QUEEN

CACC000083/1977

IN THE COURT OF APPEAL
	1977 No. 83
	(Criminal)

BETWEEN
	CHEUNG WAI-TING	Appellant
	and
	THE QUEEN	Respondent

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

Date of Judgment: 28th March, 1977.

 

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JUDGMENT

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Pickering, J.A.:

1. In the early hours of the morning in Morse Park an attempt was made by two police officers to arrest the Appellant and another man whereupon both resisted arrest and, whilst the other man escaped, the Appellant was successfully arrested.

2. He originally faced four charges, the first two of which related to the initial cause of his arrest. For reasons which need not concern us the Crown did not proceed with those first two charges so that the Appellant faced simply two charges of assault with intent to resist arrest to which charges he pleaded guilty. The evidence was that in the assault upon the police officers no weapons were used and the injuries sustained were slight consisting of abrasions and the swelling of one finger. In those circumstances we consider that the sentences of 1½ years' imprisonment upon each charge, those sentences to run concurrently, were unduly high. There can be little doubt that had the Crown been in a position to continue upon the original two charges and obtained convictions thereon, the charges of assault with intent to resist arrest would have deserved and attracted only very light sentences - not merely on the ground that the totality of the sentences would otherwise have been excessive. In the circumstances the application for leave to appeal is allowed and the sentences of 1½ years' imprisonment upon each charge to run concurrently, are set aside and substituted by concurrent terms of six months' imprisonment.

 

Representation:

Appellant in person.

Adams for Crown/respondent.