Read the full judgment text of CAAR 000006/1995 on BabelCite. This Court of Appeal judgment was delivered on 1 September 1995 before Power V-P, Bokhary JA, Mayo JA.
Application for review of sentence by the Attorney General – respondent pleaded guilty to conspiracy to rob – trial judge mistakenly believed maximum sentence was seven years and took six years as starting point – actual maximum is life imprisonment under s.101(I)(2) Criminal Procedure Ordinance – Court of Appeal held sentence manifestly inadequate – correct starting point for such offence involving firearms and careful planning is 18 years – respondent was a lesser conspirator who learned of pistols at late stage but continued to participate – discount for guilty plea and further discount because new sentence greatly exceeds original – sentence increased from five years to ten years – court also noted that probation reports should not be called for in cases where substantial imprisonment is inevitable.
Legal issues: Manifest inadequacy of sentence for conspiracy to rob
Outcome: Application for review granted. Sentence varied from five years to ten years' imprisonment.