The Queen v. Li Yun-lung

CACC000296/1989

BETWEEN

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Coram: Hon, Yang, C. J., Hon. Silke, V. -P. & Hon. Kempster, J. A.

Date of Hearing: 6 December 1989

Date of Judgment: 6 December 1989

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J U D G M E N T

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Hon. Yang, C. J.:

1. Li Yun-lung pleaded guilty before Deputy Judge Saied to one count of robbery and was sentenced to 9 years imprisonment. He now seeks leave to appeal against that sentence.

2. At about 3.15 a.m. on the 28th October 1989 Mr. & Mrs. Lau and their family were asleep in their flat when four masked men including the applicant entered the couple's bedroom. One of the intruders pointed a chopper at Mr. Lau's neck. The couple were then tied up with curtain cords. Two of the intruders went into another bedroom and there threatened Mr. Lau's mother with a hammer and a pair of scissors. She too was tied up and her mouth was gagged. There was no mention as to what happened to Mr. & Mrs. Lau's three daughters who were also at home at the time.

3. At about 4 a.m. Lau's domestic maid went out of her bedroom to go to the toilet and was tied up and gagged by three robbers.

4. The applicant had one previous conviction in 1981. It was a case consisting of some eleven charges of kidnapping, wounding, blackmail, robbery and theft and he was sentenced to a total of 10 years' imprisonment. He left prison in June 1987 about fifteen months prior to his arrest for the present offence.

5. Mr. Chik argues, on behalf of the applicant, that the starting point of 14 years adopted by the learned trial judge was too high and he refers us to a decision of this court in the case of Chan Ping-kwong (1988, No. 508, Criminal Appeal) where the facts could be compared to the facts in this case.

6. Mr. McWalters, on behalf of the Crown, drew our attention to another decision of this court, namely, the Queen and Lo Man-choi (1984, No. 73, Criminal Appeal) where the facts also are comparable.

7. The trial judge in passing sentence took into account the aggravating features of the case, namely, that the robbery was committed by a gang of robbers who broke into domestic premises and there threatened the inmates with weapons.

8. Mr. McWalters candidly concedes that he could find no authorities which adopt a starting point of 14 years for a single robbery of this type.

9. In all the circumstances, we are of the view that the sentence imposed is too high. We would adopt a starting point of 9 years after trial. As Li Yun-lung had pleaded guilty, we are of the view that a sentence of 7 years is appropriate. We therefore allow the application, treat the hearing of the application as hearing of the appeal, allow the appeal and reduce the sentence to the extent indicated.

Representation:

Mr. Kenneth Chik (Liu, Chan & Lam) for Applicant

Mr. I. C. McWalters for Crown/Respondent