Read the full judgment text of CACC 000247/1991 on BabelCite. This Court of Appeal judgment was delivered on 8 November 1991 before Silke V.-P., Power JA, Macdougall JA.
Criminal law – robbery – three counts – sentence – mitigating factors – guilty plea – cooperation with police – giving evidence for the prosecution – whether starting point and overall sentence gave sufficient credit – The Queen v. Mo Kwong-sang [1981] 1 HKLR 610 – careful planning – knives displayed – victims bound and gagged – lookout and getaway driver role – not apprehended redhanded – testifies for Crown at first trial of confederate which miscarried for reasons unconnected with applicant – testifies at second trial – whether deputy judge obliged to make specific reference to Mo Kwong-sang factors – held no obligation to do so and in fact mention was made – appeal allowed – sentence of nine years quashed and eight years substituted on each count concurrent.
Legal issues: Adequacy of discount for guilty plea, cooperation and giving evidence for prosecution · Sufficiency of the deputy judge's starting point and reference to relevant sentencing factors
Outcome: Application for leave to appeal against sentence allowed; appeal allowed; sentence reduced from nine years' imprisonment to eight years' imprisonment on each count, concurrent.