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HCMA000807/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 807 OF 1995
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THE QUEEN |
Respondent |
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NG KAM KWAI |
Appellant |
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Coram : Hon Duffy, J. in Court
Date of hearing : 14 February 1996
Date of handing down judgment : 28 February 1996
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J U D G M E N T
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1. This was an appeal against a conviction for an offence of wounding contrary to s.19 of the Offences Against the Person Ordinance, Cap. 212 and a sentence of Training Centre. So far as the appeal against conviction was concerned, suffice it for me to say that I found no merit in the appeal grounds.
2. However, in relation to sentence, I was satisfied that the learned Magistrate's sentence in this case was manifestly excessive, and flew in the face of a probation report which suggested 12 months probation and which was, in all respects, favourable to the Appellant. In his Reasons for Sentence, the learned Magistrate simply said this:
" The Appellant could not be sentenced to Detention Centre because of his medical condition. D2 was sentenced to the Detention Centre.
I decided that the Training Centre would be appropriate for the Appellant."
3. I did not consider this to be sufficient reason for sending a first offender to a Training Centre. I regarded such a sentence as inappropriate and savage. I allowed the appeal against sentence and substituted a 12 month Probation Order on condition that the Appellant work and live as directed by the Probation Officer.
Representation:
Mr John Reading, S.A.C.P., for Crown
Mr Robert Pang, (Chan & Cheng), for Appellant
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(J.M. Duffy) |
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Judge of the High Court |
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