Tse Shun-fat v. The Queen
Read the full judgment text of CACC 312/1970 on BabelCite. This Court of Appeal judgment was delivered on 13 July 1970.
1. In this appeal against sentence of 6 strokes and 6 months imprisonment for two offences of robbery with aggravation the appellant was concerned mainly to have the order for corporal punishment set aside. The appellant is aged 17 years and has a previous record. In October 1967 he was placed on probation on two charges of simple larceny. In November 1968 he was sent to a training centre on a charge of demanding money with menaces. The present offences occurred while he was out on licence. In r
|
CACC000312/1970 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO. 312 OF 1970 -----------------
----------------- Coram: Mills-Owens J. in Court. Date of Judgment: 13 July 1970 ----------------- JUDGMENT ----------------- 1. In this appeal against sentence of 6 strokes and 6 months imprisonment for two offences of robbery with aggravation the appellant was concerned mainly to have the order for corporal punishment set aside. The appellant is aged 17 years and has a previous record. In October 1967 he was placed on probation on two charges of simple larceny. In November 1968 he was sent to a training centre on a charge of demanding money with menaces. The present offences occurred while he was out on licence. In respect of one of the present offences knives were produced and a young female threatened in order to achieve the robbery. As the learned magistrate said, the young girl was terrified. He remarked also on the prevalence of such offences. 2. On the appeal I received evidence of the incidence of robbery cases during the past 2 1/2 years and of the involvement therein of persons under 21 years of age. The figures adduced were as follows:- Total Robberies:
Involvement of persons under 21 years:
It is apparent that the increases are substantial. It is reported that in view of the appellant's poor response in the Training Centre a further period of detention therein would have no beneficial result. In the one case I have referred to, the appellant was one of a gang of 6 or 7 youths; it was he who held a knife against the throat of the young girl whilst her male companion was being robbed. The learned magistrate noted that the effect on her was such that she was extremely frightened even at the identification parade and in giving evidence before him. 3. In the circumstances I consider that the order for corporal punishment in addition to the short sentence of imprisonment was amply justified. Accordingly his appeal is dismissed.
13 JUL 1970 Representation: Appellant in person. Stratton (D.P.P.) for Respondent. Oral judgment reduced into writing. |