刑事檢控科各律師/高級律政 - Department of Justice

32
(4) The mitigating factors since sentence was imposed warranted a
further reduction of sentence. However, the sentence could not be
suspended as this was not a case of technical breach of the Ordinance.
The family’s circumstances and the personal considerations of the
Appellant had force but they were not such as to make an exceptional
case to warrant a departure from the customary sentence of immediate
custody.
Result - Appeal allowed. Sentences of three months’ imprisonment on
each charge substituted. Sentences to be served concurrently.
MA 333/2000
Beeson J
(6.9.2000)
*Leung Sun-yee
#Ching Y Wong
SC & Barbara
Cheng
(1) LAM
Wai-hung
(2) LAI
Yeuk-ho
Assault on USD hawker control officers/Immediate custodial
sentence appropriate/Deterrent purpose of sentence
-
-
The Appellants were each convicted after trial of an offence of
common assault. Each was sentenced to 3 months’ imprisonment.
The evidence at trial showed that the victims, who were USD
hawker control officers, were physically assaulted while they were on
patrol checking for incidents of obstruction.
On appeal, it was submitted, first, that the magistrate erred in
viewing each offence as a ‘serious charge’, and by equating an offence
of common assault simpliciter with the offence of assaulting a police
officer in the due execution of his duty, contrary to s 36 of the Offences
Against the Person Ordinance, Cap 212. Second, it was argued that
the magistrate erred in basing her sentence in part on the fact that the
officers were intimidated, chased and/or assaulted by persons other
than the Appellants. Third, it was said that the sentence passed on
each Appellant was wrong in principle and/or manifestly excessive.
Overall, it was submitted that the sentence passed on each Appellant
was wrong in principle and/or manifestly excessive.
Held :
(1) The only reasonable inference to be drawn was that this was a
deliberate, concerted assault on the officers by a group of men. The
magistrate was quite correct to treat this as a serious offence of its type.
Assaults on hawker control officers, whether by disgruntled hawkers
and shop-keepers, or by those persons who chose to ally themselves
with such persons, could not be allowed to occur;