Tsang Shing-tat v. The Queen

CACC000224/1976

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

Date of Judgment: 7th April, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to one offence of robbery and was sentenced to 3 ½ years' imprisonment. He appeals against his sentence.

2. At about 4.30 in the afternoon of the 10th January of this year, when the victim was cleaning his employer's car in the street, the appellant approached him with some query. The defendant left but came back again to the victim and threatened him with a knife and demanded some money. As the victim was frightened he handed over $140 in cash, his watch and a pen. The appellant then jumped on a bi-cycle which he had left nearby and tried to escape. He was hotly pursued by the victim, and other members of the public joined in and he was caught. All that he had stolen was recovered.

3. The appellant told the court that he was, at that time, addicted to drugs and wanted the money to satisfy his addiction.

4. The appellant is only 18 years of age and has a clear record, and we note the peculiar amateur quality of this crime. We think that, in the circumstances, taking into consideration his youth and clear record, we can safely reduce the sentence of 3 ½ years' imprisonment to one of 2 ½ years. His appeal is therefore allowed to this extent.

Representation:

Appellant in person.

Graham for crown.