Read the full judgment text of CAAR 000005/1993 on BabelCite. This Court of Appeal judgment was delivered on 22 July 1993 before Hon. Macdougall, V.-P., Nazareth J.A. and Mortimer, J..
Criminal law – robbery – attempted robbery – sentencing – manifest inadequacy – totality principle – multiple offences – dangerous weapon – early guilty plea – cooperation – Attorney General's review – starting point – concurrent and consecutive sentences – 1993 No. 5 – CAAR000005/1993 – R. v. Kwok Chi Keung – Court of Appeal – 22 July 1993 – Respondent pleaded guilty to two robberies and two attempted robberies over two weeks, one with a dangerous weapon (bat with nail) and one with gratuitous violence causing injury – Deputy judge sentenced 3.5 years for each robbery and 1.5 years for each attempted robbery, all concurrent – Attorney General applied for review on grounds of manifest inadequacy – Court held sentences manifestly inadequate and deputy judge erred in principle by treating offences as single transaction – Proper starting points: 5 years for robberies, 3 years for attempted robberies – After discounts for early pleas and cooperation, sentences substituted: 3.5 years for each robbery (1.5 years of second consecutive to first), 2 years for each attempted robbery (6 months of each consecutive to each other and to robbery sentences) – Overall term 6 years – Application granted – Orders: sentences set aside and replaced as above.
Legal issues: Sentencing for multiple robbery offences
Outcome: Application granted; sentences set aside and substituted with increased sentences, resulting in an overall term of 6 years' imprisonment.
Cited by 1 case