DANG VAN KHOI v. R.

IN THE COURT OF APPEAL

1993, No. 589
(Criminal)

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J U D G M E N T

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Hon. Yang, CJ

1. The applicant was convicted after trial of wounding with intent and sentenced to imprisonment for five years. He now seeks leave to appeal against both conviction and sentence.

2. It is not necessary for the purpose of this application to go into the facts in any detail. Suffice it to say that the incident occurred in the early hours of 30th of September 1992 at the Whitehead Detention Centre, Shatin. It would appear that it was because of a grudge between the applicant and the victim that the applicant stabbed the victim in the abdomen with a knife. As the victim was attempting to run away the applicant stabbed him again on the right shoulder. As a consequence, the victim was hospitalised for over two weeks and then transferred to a home for convalescence.

3. The judge in considering the evidence adduced before him decided to accept the evidence of the victim as representing the truth. He also accepted the evidence of an eye-witness in spite of certain inconsistency therein as evidence which substantially corroborated that of the victim.

4. The applicant advances no plausible grounds of appeal save to say that he was innocent and that he wishes to return to Vietnam with his wife and son. Before us this morning, he added that he did not know any Hong Kong law; that his father having passed away, his mother was all alone and that his wife and son had in fact gone back to Vietnam already. There are no merits in the applications. The judge was perfectly entitled to convict on the evidence before him and the sentence imposed is, in our view, entirely correct.

5. Both the application for leave to appeal against conviction and that for leave to appeal against sentence are refused and we order loss of time of three months.