Read the full judgment text of CACC 52/2019 on BabelCite. This Court of Appeal judgment was delivered on 21 August 2019 before McWalters JA.
Criminal law – robbery – sentence – leave to appeal – joint enterprise – getaway driver – convenience store – aggravating factor – enhancement – totality – manifestly excessive – Two robberies of 7-11 convenience stores on 14 and 22 January 2018 – D1 used weapons (chopper and cutter) – applicant acted as getaway driver – applicant knowingly assisted joint enterprise – sentenced to 5 years 8 months’ imprisonment – application for leave to appeal against sentence – ground that sentence excessive and role less culpable – Issue: whether sentence manifestly excessive or judge erred in discretion – Held: No – applicant’s culpability same as co-defendant – judge correctly applied Mo Kwong Sang guidelines – enhancement for convenience store within discretion – totality sentence not manifestly excessive – application refused – right to renew application with warning of loss of time under section 83W(1) of Cap 221.
Legal issues: Leave to Appeal Against Sentence
Outcome: Application for leave to appeal against sentence refused.
Cited by 12 cases