LEUNG SHING v. THE QUEEN
HTML content
CACC000370/1978
| IN THE COURT OF APPEAL | |
| on appeal from the High Court | |
| 1978 No. 370 | |
| (Criminal) |
-----------------
| BETWEEN | ||
| LEUNG Shing | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Pickering, Ag. C.J. , McMullin and Yang, JJ.
Date of Judgment: 6th September, 1978.
-----------------
JUDGMENT
-----------------
Pickering, Ag. C.J.:
1. The appellant, who is aged 60 or 61 and who has a problem of alcoholism, pleaded guilty to the manslaughter of his wife and was sentenced to six years' imprisonment against which sentence he now appeals.
2. The killing took place at about noon when the appellant had already imbibed four or five taels of a Chinese spirit called Sam Tsing. At that time he and his wife were apparently watching television when a dispute arose about the television set which led to the wife claiming that the appellant had not really been taking care of the family and that he had been in Castle Peak for "goodness knows how long". It is the fact that the appellant had been receiving treatment in Castle Peak Hospital for his alcoholism for up to six months every year since 1968. He retorted to his wife that the only reason that he had been to Castle Peak was that she called the police to take his there six or seven times a year to which the wife replied "Well what are you going to do about it? If you do not like it, here, take this chopper, you can chop me up." At this stage the wife attacked the appellant with her crutch whereupon the appellant grabbed the chopper and chopped the deceased on the neck from which wound or wounds she died.
3. The assessment of sentence in cases of manslaughter is notoriously difficult and the range runs from probation to life imprisonment. We were referred to certain precedents of sentences in cases of manslaughter not all of which were in point but upon careful consideration we are of the view that the sentence of six years' imprisonment was, in the circumstances, too severe and we allow the application, set aside that sentence and substitute for it a sentence of three years' imprisonment.
Representation:
R. Kotewall (Director of Legal Aid) for appellant.
A. Hodge for Crown/respondent.