R. v. Chin Chi Ho

CACC000274/1995

IN THE COURT OF APPEAL

No.274 of 1995
(Criminal)

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Coram: Hon. Nazareth, V.-P. and Wong, J.

Date of Hearing: 14 November 1996

Date of Delivery of Judgment: 14 November 1996

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J U D G M E N T

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Wong, J. (giving the judgment of the Court):

1. The applicant was convicted after trial before Deputy Judge Lung in the District Court of one charge of robbery and sentenced to four years' imprisonment. His application for leave to appeal against conviction was dismissed on 27th February 1996. He now applies for leave to appeal against sentence out of time.

2. The prosecution case was that after the victim had entered the lift of her apartment block, the applicant and another man followed her. Inside the lift, one put his arm around her neck from behind and the other assaulted her. She dropped her black handbag and one of them picked it up before they ran away. She chased them and raised hue and cry. Others as well as policemen on patrol in the area joined in the chase and both men were caught. The other man who was the first defendant at trial was holding a black handbag which the victim identified to be hers. The applicant denied any involvement when he was cautioned. However, he admitted that he was present at the assault. He was identified by the victim in an identification parade as one of the two men who had robbed her.

3. He could advance no reason for the delay to apply for leave to appeal against sentence. The application is refused. We would add that the sentence of four years' imprisonment imposed on conviction after trial of a lift robbery is an entirely proper sentence.

Representation:

Mr. Dick, S.C.C. for the Crown.

Applicant in person.