Read the full judgment text of CACC 000269/1994 on BabelCite. This Court of Appeal judgment was delivered on 16 February 1995 before Power VP, Litton JA, Mortimer JA.
Criminal law – robbery – possession of imitation firearm – sentencing – applications for leave to appeal against sentence – two applicants convicted of robbery and possession of imitation firearm at money-lending company premises – imitation handgun and fruit knife used to menace victims – victims tied up with iron wire and assaulted with knife handle – 10-year-old child present but not tied up or maltreated – property worth over $38,000 taken, most of which was recovered – first applicant pleaded not guilty, second applicant pleaded guilty and had prior robbery conviction – trial judge took starting point of 12 years for robbery and 7 years for imitation firearm charge – whether starting point of 12 years was excessive – whether consideration towards child warranted further reduction – whether applicants' suggested grievance against victim company was a valid mitigating factor – application of Mo Kwong-sang guidelines where 8 years is starting point not ceiling – first applicant sentenced to 11 years and 6 years concurrent – second applicant sentenced to 9 years and 5 years concurrent – starting point found to be at the top of the range but not beyond it – consideration towards child not overlooked by trial judge – suggested grievance not a valid mitigating factor – applications for leave to appeal against sentence refused
Legal issues: Whether robbery and imitation firearm sentences were excessive
Outcome: Both applications for leave to appeal against sentence refused