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CACC000037/1986
| IN THE COURT OF APPEAL |
1986, No. 37
(Criminal)
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BETWEEN
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THE QUEEN |
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and
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CHENG CHI-MAN |
(D2) |
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TAM WING-YIU |
(D3) |
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Coram: Roberts, C.J., Yang, J.A. & Penlington, J.
Date of hearing: 1st May, 1986.
Date of delivery of judgment: lst May, 1986.
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JUDGMENT
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Yang, J.A.:
1. This was a sad case. There was a fight between two groups of youths that turned sour. It is fair to say that the deceased, in the course of the argument between the two sides, provoked the Applicants' group by wielding a lantern. He was then set upon by a large number of men (certainly more than seven) from the Applicants' group, who used whatever implements that came to hand for the attack. The retaliation upon the deceased went far beyond anything than could be regarded as reasonable. It was a vicious assault, during which the Applicants' coaccused (D1) inflicted the fatal blow with a wooden plank. There was no doubt that the Applicants took part in the assault and acted in concert with their group in this affray.
2. The antecedent reports of the Applicants were favourable. They readily pleaded guilty to manslaughter.
3. We do not say that the five years imposed by the trial judge was among in principle, but having regard to the facts of the case, we take the view that it was more a misfortune than a cold blooded manslaughter that resulted in the tragic death of the deceased. Exercising mercy, we think justice may be best served for us to order a reduction of sentence.
4. Accordingly we treat the application as an appeal, allow the appeal, and reduce the sentence of 5 years to one of 3 years on each of the two accused.
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T.L. Yang
Justice of Appeal
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Representation:
Mr. Finny Chan (J. Fang & Co.) for both Applicants
Mr. McCoy, Crown Counsel for D.P.P./Respondent
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