R. v. XU GI GUI

IN THE COURT OF APPEAL

1994, No. 634
(Criminal)

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J U D G M E N T

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Litton, V.-P. (giving the judgment of the Court):

1. The applicant was convicted after trial before deputy judge Burrell and a jury on one count of wounding contrary to section 19 of the Offences against the Person Ordinance. He now seeks leave to appeal against the sentence of two-and-a-half years' imprisonment.

2. The offence occurred on 28 November 1993 at the roof top of No. 106 Wing Kwong Street, Kowloon. The victim was a 70-years-old man. The applicant at the time of the offence was 52 years old and had a clear record. The victim had corrosive fluid thrown on him by the applicant. The injuries were extensive and left permanent scars to the face and other parts of the body. The victim suffered permanent disability as a result of the attack. The judge described the injuries as one of the utmost severity and adverted to the fact that the maximum sentence for the offence was three years' imprisonment.

3. Having regard to the facts of the case the judge was entitled to sentence the applicant to two-and-a-half years' imprisonment. The sentence is neither manifestly excessive nor wrong in principle and the application must be dismissed.