Tsang Cheung-kwong @ Mor Lo v. The Queen

CACC000188/1976

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 188 OF 1976

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

Date of Judgment: 4th March, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to one offence of robbery contrary to section 10 of the Theft Ordinance. He was sentenced to three and a half years' imprisonment. The appellant appeals against his sentence.

2. The facts are that the appellant, together with three other men hustled a young man and a young woman as the latter were returning home at about midnight on the 11th December last. One of the Chinese males had a penknife. The victims were threatened and a watch was taken together with $55 from the male victim. The four robbers fled. After they had gone, the victims returned to their homes but this matter was not reported by them to the police. About three weeks' later the appellant phoned the C.I.D. at Aberdeen Police Station and said he wished to give himself up for this offence. The appellant has been in trouble before and his record includes one offence of robbery for which he was sentenced to serve a term in a detention centre.

3. This is one of those rarest cases where an appellant against whom nothing could be proved, voluntarily gave himself up to the police, expressing the fact that he regretted that which he had done.

4. We think, in the circumstances, that the period of 3 ½ years is too great a sentence for this offence and so we will allow the appeal to the extent that the sentence of 3 ½ years is reduced to one of 2 ½ years.

Representation:

Appellant in person.

Caird for crown.