LI SIU-CHOR v. THE QUEEN

CACC000395/1978

 

IN THE COURT OF APPEAL	1978 No. 395
	(Criminal)

 

BETWEEN
	LI SIU-CHOR	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., McMullin and Yang, JJ.

Date of Judgment: 14th September, 1978.

 

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JUDGMENT

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1. The appellant, who is aged 23, pleaded guilty to wounding with intent and was sentenced to two years' imprisonment.

2. The appellant was one of four or five persons who, armed with knives, attacked another man in a restaurant on January 13th of this year. As it happened, five off-duty police officers were in the restaurant at the time. The police officers made themselves known to the attackers but the attackers ignored an order for them to cease their attack. Two shots were fired by the police, one of them lodged in the appellant's spine. As a result he is a paraplegic.

3. When his case came before us in July of this year, we asked for a more up-to-date medical report. This has now been received. At the time of the hearing of the appeal it was thought that the appellant had a chance of partial recovery. It is now said that he has no such chance and he will have to spend the rest of his life in a wheelchair. He also suffers from incontinence.

4. The appellant is married and has one small daughter.

5. In the circumstances, we think that the most merciful course to take is to allow the appeal to the extent that the sentence is reduced to enable the appellant to be released forthwith.

 

 

	(Geoffrey Briggs)
	President

 

Representation:

Miss J. Leong (D.L.A.) for appellant

Stoppa for crown