Lau Tik-ngai v. The Queen
Read the full judgment text of CACC 161/1978 on BabelCite. This Court of Appeal judgment.
1. The appellant pleaded guilty to two offences: (1) assault occasioning actual bodily harm and assault with intent to rob. He was sentenced to two years' imprisonment on each charge, a total sentence of four years. He appealed against his sentence.
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CACC000161/1978
Coram: Briggs, C.J., Pickering, J.A. and Li, J. Date of Judgment: 17th April, 1978. ----------------- JUDGMENT ----------------- 1. The appellant pleaded guilty to two offences: (1) assault occasioning actual bodily harm and assault with intent to rob. He was sentenced to two years' imprisonment on each charge, a total sentence of four years. He appealed against his sentence. 2. The facts are simple. As a woman was leaving an office lavatory she was confronted by the appellant who pushed her back inside. He demanded her money and said he was armed with a knife. The victim screamed and struggled with the appellant. The appellant banged the head of the victim on the wall and she lost a ring which was later found on the floor. In fact, the appellant was not armed. The victim suffered bruises and was hospitalised. 3. At the hearing of the appeal we asked for a probation report and a detention, training centre suitability report. 4. The two charges arise out of the same incident and it would have been better had only one charge been preferred. The appellant is nearly 21 and had a clear record. The reports show that he has been living a purposeless life and is sadly in need of discipline. These reports were not before the trial judge. 5. Having considered the reports and taking into consideration the age of the appellant and his plea of guilty which are the only mitigating circumstances, we quashed the sentence and substituted therefor an order that the appellant be detained in a dentention centre.
Representation: Miss M. Tam (D.L.A.) for appellant Aiken for crown |