Lai Sui Sheung v. The Queen

CACC000157/1976

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

Date of Judgment: 15 MARCH 1976

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JUDGMENT

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1. The appellant pleaded guilty to (1) assault with intent to rob, (2) carrying arms without a licence and (3) carrying ammunition without a licence. He was sentenced to nine years' imprisonment on the first count and to seven years' imprisonment on the second and third counts, the sentences to run concurrently. He has appealed against these sentences.

2. The appellant entered the Wah Do Restaurant in Dundas Street, Kowloon at about 12.30 a.m. on the 24th September. He threatened the cashier with a revolver and ordered him to hand over the restaurant takings. The cashier opened up the cash drawer and then grabbed the barrel of the gun and forced the appellant to release it. The cashier then pointed the revolver at the appellant, ordering him to stand still. However, the appellant fled from the restaurant into the street. He was chased and caught a few minutes later.

3. The appellant has two previous convictions: one for robbery in 1971 for which he was bound over for twelve months, and one for theft in 1974 for which he received a sentence of six months' imprisonment.

4. Although this was a genuine revolver and although armed robbery is a very serious offence, we think that the sentences in this particular case were too high.

5. We think that justice would best be done if the sentences are each reduced by two years so that the appellant will serve seven years' imprisonment on the first count and five years' each on the second and third counts, all sentences to be concurrent.

Representation:

Appellant in person.

Miss Kam for crown.