THE QUEEN v. LIU TZU CHENG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.844 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 6 months imposed for an offence of wounding, contrary to section 19 of the Offences Against the Person Ordinance, Cap.212. These offences involved the infliction of very minor wounds with a screwdriver. In his Reasons for Sentence, the learned Magistrate decided that the only method of dealing with this offence was by way of an immediate custodial sentence.

2. It seemed to me that in accordance with the evidence of one of the Crown witnesses, had this appellant meant to cause serious injury he could well have done so. Quite clearly, he did not intend any serious injury whatsoever. The injuries themselves were minor in the extreme. I felt that an immediate custodial sentence was unnecessary in the circumstances. I was told that the appellant had already served 21/2 months of his sentence before being allowed bail pending his appeal. I considered that to be more than adequate punishment, and so I allowed the appeal so that he would not have to serve any further term of imprisonment.