KWONG KWOK-HUNG v. THE QUEEN
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CACC000034/1978
| IN THE SUPREME COURT | |
| Criminal Appeal | |
| 1978 No. 34 |
| BETWEEN | ||
| KWONG Kwok-hung | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Cons, J.
Date of Judgment: 3rd March 1978.
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JUDGMENT
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1. This was an appeal against convictions of blackmail and theft. Several points were argued in support of the appeal against blackmail but I found no merit in them and that appeal was dismissed.
2. The appeal against theft was based on the suggestion that the magistrate failed to consider the question of dishonesty. He assumed it to be inherent in his findings on the blackmail charge. It was pointed out, however, that dishonesty is not an element required in blackmail, so that it is possible for a person to be guilty of demanding money with menaces but at the same time to be innocent of theft when he receives money as a result. In this instance the defendant gave evidence to support a claim of right. I think it improbable that the magistrate did in fact believe that evidence but his Statement of Findings does not indicate that he appreciated its relevance to the theft charge. In the circumstances I thought it right to quash that conviction and set aside the sentence thereon.
3. The appeal against sentence on the blackmail charge was withdrawn by counsel before me.
Representation:
Mr. William D. Stone (Director of Legal Aid) assigned for the appellant.
Mr. D. Little, Crown Counsel, for the respondent.