R. v. HUNG WO FUNG

CACC000233/1995

IN THE COURT OF APPEAL

1995 No. 233

(Criminal)

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BETWEEN
	THE QUEEN
	and
	HUNG WO FUNG

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Coram: The Hon. Sir T.L. Yang, C.J., Keith and Seagroatt, JJ. in Court

Date of hearing: 12 December 1995

Date of delivery of judgment: 12 December 1995

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J U D G M E N T

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Seagroatt, J: (giving the judgment of the Court)

1. This is an application for leave to appeal out of time against conviction and also for leave to appeal against sentence. On the 17th of March 1995 the Applicant was convicted on his plea of guilty by his Honour Judge Jackson of an offence of throwing corrosive liquid with intent to burn. He was sentenced to a term of five years' imprisonment.

2. The grounds of his appeal are in short that there was an omission during the trial procedures, the test report was unfair to him, there were false aspects in the victim's testimony and a CID officer misled him into pleading guilty. He is substantially out of time in seeking leave to appeal against conviction and has advanced no satisfactory ground to justify such leave being given out of time.

3. He was represented by counsel on his appearance before the learned district judge and a psychiatric report obtained since from the visiting psychiatrist at Siu Lam did not disclose any available medical defence. There is nothing in any event in any of the points upon which he seeks to rely. His plea of guilty was unequivocal. He was sentenced to five years for a calculated and vicious attack on a girl friend who wished to terminate their relationship.

4. Apparently, only one month before this incident, he had married an other woman but still wanted to retain this victim as his girl friend. Not only did he break a bottle of hydrochloric acid solution over her head and face but he held her neck and some of the contents went into her mouth. It appears that, mercifully, the consequences for her were relatively minor. As the learned judge said it was a "loathsome evil and cowardly offence". He properly took into account the plea of guilty. There was need for a deterrent element in the sentence and it was clearly a proper one.

5. Applications in respect of leave to appeal against conviction and sentence are dismissed.

Representation:

Mr. D.G. Saw, SACP for Crown/Respondent

Mr. Hung Wo-fung in person