LO HOI-KWONG v. THE QUEEN
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CACC000005/1978
| IN THE SUPREME COURT | |
| Criminal Appeal | |
| 1978 No. 5 |
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| BETWEEN | ||
| LO Hoi-kwong | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins J.A.
Date of Judgment: 12th January 1978.
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JUDGMENT
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1. The Appellant's plea in this case really is one for pity. I am sorry about his personal misfortunes, but the reasons that he has advanced do not justify my interfering with the sentences. However, there are other considerations which he has not mentioned. The sentences were sentences of six months' imprisonment on three charges. Two of those sentences, relating to possession of dangerous drugs or instruments for injecting dangerous drugs, were concurrent and the third one, for resisting arrest, was consecutive. I need say nothing about the sentences for possession of the drugs and the instruments because they were perfectly proper. Six months for resisting arrest may be regarded as heavy. In saying that I do not want it to be thought that I shall not at all times endeavour to support the police in their very difficult task, but I have a feeling in the present case that the Appellant was sentenced more for his past record than for this particular offence. What happened was that when he was arrested the Appellant twisted his body round and in so doing threw the police officer off balance, and they both rolled down the stairs. No doubt this was very unpleasant for the police officer, but it was not an intended consequence. Unfortunately the Appellant has been convicted of resisting arrest on three previous occasions and of assaulting a police officer on another occasion. As I say, I suspect that this weighed heavily with the magistrate. Even having regard to those previous offences I think that a sentence of six months' imprisonment was too much. The appeal will be allowed to the extent that the sentence on the third charge is reduced from six months to two months consecutive.
12th January 1978.
Representation: