HKSAR v. Souza, Eric John

HCMA884/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 884 OF 2000

(On appeal from Eastern Magistracy Case No. ESCC2041/2000)

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J U D G M E N T

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1. The appellant, Eric John Souza, originally appealed against his conviction on 4 August 2000 by Mr Colin Mackintosh, Permanent Magistrate sitting at Eastern Magistracy, for an offence of assaulting a police officer contrary to section 63 of the Police Force Ordinance. For that offence, the learned magistrate sentenced the appellant to serve 28 days' imprisonment.

2. Before me this morning the appellant has abandoned his appeal against conviction. However, he has maintained his appeal against sentence.

3. At trial, the appellant represented himself, which in fact he does before me this morning.

4. At trial, the appellant testified on his own behalf and called no witnesses.

5. In brief, the prosecution's case against the appellant was that he had become abusive and violent towards a police officer after a party of police officers had visited his flat to investigate a complaint he had made against a neighbour for causing excessive noise.

6. His defence at trial essentially was that his acts were involuntary.

7. The appellant has nine previous convictions, of which two are for similar offences.

8. In his appeal against sentence, the appellant relies on the general grounds of appeal set out in his notice of appeal (Form 102 of the Magistrates (Forms) Rules), namely that the sentences are too severe.

9. In his submissions before me this morning, he expresses his remorse for what he did, he admits that he is a person with quick temper, and that at the time of the incident he was troubled by family affairs. He informs me that he is crippled in both his hands and requires physiotherapy treatment. He also informs me - and this has been confirmed by the prosecution - that he has already served 11 days of his sentence.

10. I have considered the matter. Given the appellant's previous convictions and the loutish behaviour he demonstrated that night, I cannot say that the sentence passed is either manifestly excessive or contrary to law or principle. Therefore, the appellant's appeal against sentence is dismissed. He must serve the remaining time of the sentence the learned magistrate imposed on him.

11. If he requires medical treatment for his hands, that will be given to him in prison.