THE QUEEN v. CHOW KIT MING

THE QUEEN v. CHOW KIT MING

The sentence of two months' imprisonment was not demonstrably manifestly excessive and thus not quashed; however, in the exercise of judicial clemency given the appellant's clear record and that he had served 8 days, the court reduced the immediate custodial consequence by suspending the balance of the sentence for...

Source-derived case information.

Citation
THE QUEEN v. CHOW KIT MING
Parties
Appellant: CHOW KIT MING; Respondent: THE QUEEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 1985
Case Number
HCMA753/1985
Procedural Posture
Criminal Appeal / Appellate Decision on Sentence Appeal
Outcome
Appeal allowed in part: immediate custody reduced to time already served and balance of sentence suspended
Legal Topics
Common Assault, Sentencing Review, Mitigation, Self Defence, Judicial Clemency
Source Language
en
Criminal Law Sentencing Common Assault Sentencing Review Mitigation Self Defence Judicial Clemency

Source-derived case record

Summary, issues, holding and outcome

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Parties

CHOW KIT MING

Appellant

THE QUEEN

Respondent

Procedural Posture

Criminal Appeal / Appellate Decision on Sentence Appeal

Legal Issues

  1. 1 Whether the two months' imprisonment for common assault was manifestly excessive
  2. 2 Whether evidence of exchange of blows and provocation/self-defence warranted reduction in sentence
  3. 3 Whether appellate court should exercise clemency given time already served and clear record

Ratio Decidendi

The sentence of two months' imprisonment was not demonstrably manifestly excessive and thus not quashed; however, in the exercise of judicial clemency given the appellant's clear record and that he had served 8 days, the court reduced the immediate custodial consequence by suspending the balance of the sentence for two years.

Court Disposition

Appeal allowed in part: immediate custody reduced to time already served and balance of sentence suspended

Orders

  • Immediate custody treated as the 8 days already served by appellant
  • Balance of the 2 months' imprisonment suspended for 2 years on condition of good behaviour