Lam Wa-heung v. The Queen

CACC000143/1978

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Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 19th April, 1978.

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JUDGMENT

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Pickering, J.A.:

1. The appellant, who is twenty-seven years old and who has one previous conviction for robbery, appeals against sentences totalling six years' imprisonment in respect of five robberies of taxi-drivers all of which took place within a period of less than three weeks.

2. The appellant's invariable technique was to board a taxi and ask to be driven to, or to the vincinity of, the Lok Man Estate and thereafter, during the course of the ride, to produce though not to use except to threaten, a knife. In each case the driver was robbed of cash and a watch and in one instance a finger-ring.

3. Upon his pleas of guilty the learned judge sentenced the appellant to two years' imprisonment concurrent on the second and third charges, two years' imprisonment, but consecutive to the earlier term of two years, on the third and fourth charges and to a further term of two years, again consecutive, on the first charge.

4. Whilst taxi-drivers are notoriously vulnerable to this type of offence and are entitled to the protection of the Courts, we consider that a total of six years' imprisonment for these offences, four of which would never have been laid at the appellant's door had he not volunteered the information about them, was somewhat too high and we reduced the total term of imprisonment from six years to five by substituting for the term of two years' imprisonment in respect of the first charge, a term of one year. 

Representation:

Appellant in person.

Aiken for Crown/respondent.