Fung Chi Ping and Another v. The Queen

CACC000260/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 260 OF 1972

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Coram: Huggins, J.

Date of Judgment: 18th May, 1972.

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JUDGMENT

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1. These two Appellants were among seven young men who were charged with robbery. Originally these two were among six of the Accused who pleaded Not guilty, but after the trial had been going on for some time they changed their pleas. They were, after due enquiry, ordered to be detained in a training centre and it is against those orders that they now appeal.

2. These seven youths attacked a boy who was on his way to school. It was a violent robbery in which the victim was punched and his trousers were torn from him. One person grabbed him round the neck and his umbrella was smashed. The victim had the presence of mind to call for help and the robbers were arrested.

3. All the Accused were represented in the court below and I have now no doubt that everything was said on their behalf which could be said. The solicitor who then appeared on behalf of the 2nd Appellant suggested that this was not a serious robbery. Perhaps he was using the word "serious" in a different sense, but I would agree with the learned magistrate that this was a serious offence. The learned magistrate considered very carefully what should be done with each of these Appellants and had for consideration the reports of Probation Officers.

4. I am entirely satisfied that the sentences which were imposed were proper sentences and the appeals are dismissed.

18th May, 1972.

Representation: