YEUNG KWOK-LAM v. THE QUEEN

CACC000348/1978

 

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 348

 

BETWEEN:
	YEUNG Kwok-lam	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 29th April, 1978.

 

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JUDGMENT

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1. The appellant was found guilty of being in possession of an offensive weapon in a public place. The appellant was seen following a courting couple along Lin Shing Road towards Cape Collinson Road by two police officers who were on patrol in plain clothes. It appeared to the police officers that the appellant was following the couple for some wrong reason. He was approached by these police officers and searched and a five inch knife was found on his person wrapped in newspaper and tucked into the front of his trousers.

2. The appellant was sentenced to a period of two years' imprisonment and he has appealed against that sentence.

3. The appellant, who is a man of 28, has a long record including convictions for assault and robbery. However, he is suffering from leucaemia or some related complaint and he has to spend certain periods of time in hospital. This matter was not brought to the attention of the magistrate.

4. A sentence of two years' imprisonment for this offence is a very heavy sentence. Taking into consideration the appellant's serious illness, I think the best course to take is to allow the appeal against sentence to the extent that the sentence will be reduced to twelve months imprisonment.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person

Ingham for crown