PANG KIN SUN v. THE QUEEN

CACC000767/1980

IN THE SUPREME COURT
	Criminal Appeal
	1980 No. 767

BETWEEN
	PANG KIN SUN	Appellant
	and
	THE QUEEN	Respondent

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Coram: Liu, J.

Date of Judgment: 16th October, 1980

 

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JUDGMENT

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1. The appellant appeared before the learned magistrate facing three charges. He pleaded guilty to one, convicted of another but acquitted of the third. Consequently, he was found guilty of claiming to be a member of triad society. He was duly convicted of the offence of assault occasioning actual bodily harm.

2. The appellant has a previous conviction. In 1978 he was sent to a Detention Centre for robbery, possession of an offensive weapon and being a member of a triad society. In this case, he was sentenced to be detained in a Training Centre on the force of, inter alia, a Report from the Intake Officer.

3. On the 2nd of September, the appellant was represented presumably by a duty lawyer. For reasons not apparent to any of us, bail was granted to the appellant pending the hearing of his appeal on his own recognizance in the sum of $500.00. The officer assisting counsel for the Crown has not been associated with this prosecution, and little is known as to why the application, if indeed an application was made for bail, was acceded to. It was suggested, and suggested fairly by the Crown that it might well have been felt by the learned magistrate that the sentence on both charges passed upon the appellant was excessive in the circumstances.

4. The injuries inflicted on the victim by the appellant and three others not in custody were no more than multiple bruises on his back, chest and forehead. Whatever might have influenced the decision of the learned magistrate in granting bail, it would seem that a sentence for detention in a Training Centre for an assault occasioning no more than multiple bruises and claiming to be a member of a triad society on a previous occasion is excessive. The appellant has been detained for about two months. For these reasons, counsel for the Crown did not see fit to strenuously oppose the appeal against sentence.

5. In all the circumstances, I am prepared to accede to the appeal of the appellant and allow his appeal against sentence. I order the sentence of his detention in a Training Centre to be set aside and to be substituted by a bond on his own recognizance in the sum of $500.00 for a period of twelve months.

 

 

	(B. Liu)
	Judge of the High Court

 

Representation:

Appellant in person.

Ms. Crebbin, counsel for the Crown/respondent.