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Criminal Appeal1977

SIT SAI-CHEONG v. THE QUEEN

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7447-EN-1977-11-14

SIT SAI-CHEONG v. THE QUEEN

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CACC000908/1977

IN THE COURT OF APPEAL 
  
 1977 No. 908
 (Criminal)

BETWEEN:  
 SIT Sai-cheongAppellant
 and 
 THE QUEENRespondent

Coram: Briggs, C.J. Huggins, J.A. and Li, J.

Date of Judgment: 14th November, 1977.

 

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

JUDGMENT

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

 

1. This is an appeal against a sentence of three and a half years' imprisonment for the offence of blackmail.

2. This appellant is a clansman of one SIT Yick Cheong. And he had, or thought he had a reason for a grudge against him over a matter which happened between them in their native place a long while ago.

3. The appellant addressed four letters to the victim SIT Yick Cheong. They contained demands for money, in one case for as much as $50,000. Three of the letters contained threats directed against the relatives of Mr. Sit still living in China. Though in some cases the demand for money was expressed in the form of a demand for a loan, the fourth letter contains a clear threat that the lives of the wife and sons of Mr. Sit would be in danger if the demand was not met.

4. The appellant is a poor man with six children to look after. He has a clear record and pleaded guilty in the court below. No physical harm was done to Mr. Sit or to his family and he parted with no sums of money.

5. In the circumstances, we think that three and a half years' imprisonment is an excessive sentence and we allow the appeal to the extent that the sentence will be reduced from three and a half years to two years; the sentence to date from the date of the conviction.

 

 

 (Geoffrey Briggs)
 President.

 

Representation:

Miss T. Trieu (D.L.A.) for appellant.

Griffiths for crown.