R. v. Lam Tim Kit

CACC000238/1995

IN THE COURT OF APPEAL

1995, No. 238
(Criminal)

___________

___________

Coram: Hon Power, V.-P. and Mayo, J.A.

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

________________

J U D G M E N T

________________

Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentences of 4½ years' imprisonment for robbery and one month imprisonment for possession of a small quantity of dangerous drugs.

2. At about 21.30 hours on the evening of 19 February 1994, while PW1 and PW2 who were both sales ladies were working at a store called In and Out Fashion Shop in Causeway Bay, the defendant entered the shop and asked PW1 to let him use the telephone. The applicant then produced a knife about 8 inches long and told PW1 and PW2 to take out all their money and not to do anything rash. He pushed PW1 and PW2 into the storeroom and ordered both of them to squat on the floor. Understandably both these witnesses were very frightened.

3. The applicant used the clothes inside the shop to tie up PW2 and gagged her mouth. He took a number of personal possessions, cash and bank cards from the victims.

4. The applicant was apprehended the next day. PW2's identity card and bank card were found in his possession. There also was a packet containing the dangerous drugs which are the subject matter of the second charge.

5. The applicant pleaded guilty to these offences.

6. His Honour Judge Muttrie followed the guidelines in Mo Kwong-sang and adopted six years as the starting point on the robbery and gave the applicant credit for his guilty plea.

7. The applicant claims that the sentence imposed was excessive. We disagree. We would however observe that the discount which was given by His Honour Judge Muttrie was not over generous. However having regard to all the circumstances of the case we can see no reason to interfere with the sentences which were imposed and dismiss this application.

Representation:

Ms Wong Kam Hing for Crown Prosecutor

Lam Tam-kit, Applicant - in person/present