THE QUEEN v. CHENG CHI MAN (D2) AND ANOTHER
Although the applicants participated in a concerted and vicious assault, the Court found that the death was more a misfortune than a cold‑blooded killing and, given favourable antecedents and guilty pleas, the original five year sentences were excessive and should be reduced to three years each.
Source-derived case information.
- Citation
- THE QUEEN v. CHENG CHI MAN (D2) AND ANOTHER
- Parties
- Respondent: THE QUEEN; Applicant: CHENG CHI-MAN; Applicant: TAM WING-YIU
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 1 May 1986
- Case Number
- CACC37/1986
- Procedural Posture
- Criminal (manslaughter) Appeal / Court of Appeal Sentencing Appeal; Judgment Delivered
- Outcome
- Appeal allowed; sentences reduced.
- Legal Topics
- Joint Enterprise, Participation in Group Assault, Sentence Reduction, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE QUEEN
Respondent
CHENG CHI-MAN
Applicant
TAM WING-YIU
Applicant
Procedural Posture
Criminal (manslaughter) Appeal / Court of Appeal Sentencing Appeal; Judgment Delivered
Legal Issues
- 1 Whether the five year sentences were excessive
- 2 Whether participants who acted in concert should have sentences reduced when death resulted from collective assault
- 3 Whether mercy is appropriate given antecedents and circumstances
Ratio Decidendi
Although the applicants participated in a concerted and vicious assault, the Court found that the death was more a misfortune than a cold‑blooded killing and, given favourable antecedents and guilty pleas, the original five year sentences were excessive and should be reduced to three years each.
Court Disposition
Appeal allowed; sentences reduced.
Orders
- Treat application as appeal and allow the appeal
- Reduce the sentence of 5 years to 3 years for each of the two accused
Full Case Text
Judgment text and source record
1 paragraphs
bjbj CACC000037/1986 IN THE COURT OF APPEAL 1986, No. 37 (Criminal) BETWEEN THE QUEEN and CHENG CHI-MAN (D2) TAM WING-YIU (D3) ------- Coram: Roberts, C.J., Yang, J.A. & Penlington, J. Date of hearing: 1st May, 1986. Date of delivery of judgment: lst May, 1986. ___________ JUDGMENT ___________ Yang, J.A.: 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. The antecedent reports of the Applicants were favourable. They readily pleaded guilty to manslaughter. 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, sue think justice may be best served for us to order a reduction of sentence. 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. T.L. Yang Justice of Appeal Representation: Mr. Finny Chan (J. Fang & Co.) for both Applicants Mr. McCoy, Crown Counsel for D.P.P./Respondent PAGE PAGE - - &`#$ &`#$ CACC000037/1986 Normal.dot Judiciary Hong Kong SAR Microsoft Word 9.0 Judiciary Hong Kong SAR kodak CACC000037/1986 Title Microsoft Word Document MSWordDoc Word.Document.8 CACC000037/1986 Normal.dot Judiciary Hong Kong SAR Microsoft Word 9.0 Judiciary Hong Kong SAR CACC000037/1986 Title Judiciary Hong Kong SAR