R. v. LAU CHUEN

IN THE COURT OF APPEAL

1996, No 19
(Criminal)

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J U D G M E N T

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Liu, J.A.:

1. At the time of the charge, the applicant was 77. He suffered from asthma and lung emphysema. He was charged with murdering his wife. The applicant told the judge that he was defending himself and that he did not deliberately kill his wife. Because of his mental condition, his plea to manslaughter on the grounds of diminished responsibility was accepted by the court. The matter that remained to be resolved was the sentence to be passed on the applicant.

2. Taking into consideration his age, his conditions, family background, his disposition and his suicidal tendency, on the advice of two doctors the applicant was ordered by the judge to be confined in Siu Lam in the hope that his conditions may be properly treated for his early release. Evidently, constant care would have to be provided by his family members.

3. The applicant is concerned that he should not be stigmatized as a mental patient. He pleads with us that it was an act of self defence. He raises today the contention that he was somehow misled by his lawyer. He also complains that in the past he was not permitted to utter anything to the court when he was brought before it. In addition to these grounds of appeal, he has also told us everything there is, according to him, to be said. He pleads for an early release so that he would receive medical attention outside under the care of his family.

4. On these so-called grounds, he applies for leave to appeal against his conviction and his sentence.

5. We have gone through his file and all the relevant papers and documents. There is nothing that we can find to suggest that he has been wrongly convicted or inappropriately sentenced. It has to be borne in mind that the applicant can be released upon favourable conclusions reached on his conditions by the doctors in Siu Lam.

6. The applicant informs the court that he is receiving full support from his family, particularly from his son and his younger brother. The matters would now be entirely in the hands of the medical personnel in Siu Lam. The conditions of the applicant seem fairly stable. Obviously there may come a time when he can be released.

7. On the legal aspect, his application for leave to appeal against conviction and sentence has, in no way, been substantiated. Therefore, his applications are both refused.