R. v. Chan Kam Fai

CACC000314/1995

IN THE COURT OF APPEAL

1995, No.314
(Criminal)

______________

______________

Coram: Hon. Power, V.-P. and Mayo, J.A.

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

________________

J U D G M E N T

________________

Power, V.-P.(giving the judgment of the Court):

1. This applicant faced three counts: two of robbery and one of giving false information to a pawnbroker. He pleaded guilty to those counts and was sentenced after trial to a totality of five years and three months. He now seeks leave to appeal against those sentences.

2. The facts was as follows. At 10:15 on 19th February 1995 a taxi driver picked up three persons, one of whom was the applicant. The applicant locked the taxi driver's neck in his right arm as he was driving along, and another offender used a pair of pants to cover the taxi driver's head. The applicant pointed his finger at the driver's neck telling him to keep still and the three of them then robbed him of cash in the sum of $800, a gold ring and a wristwatch.

3. The applicant pawned the watch at the Hung Hing Pawnshop. This gave rise to the charge of giving false information to a pawnbroker.

4. Some three days later on 21st February 1995, the three culprits committed a similar offence, the victim being another taxi driver. This time $700 was taken from the driver.

5. This Court has emphasized on a number of occasions that taxi drivers are particularly vulnerable by reason of their occupation to offences such as this. When plying their occupation, serving the public as they do, they are particularly vulnerable to offences such as this. The trial judge took into account the seriousness of the offence and the indications of this court that five to six years was proper level of imprisonment. He indicated that he bore in mind that the applicant had previous convictions for burglary and possession of dangerous drugs and he expressed the view, quite properly we consider, that each of the defendant who was robbing in order to obtain money to buy drugs was a menace to the public and particularly to the taxi drivers. He gave the applicant credit for his plea of guilty. The overall sentence imposed was a proper one. The application is without merit and must be dismissed.

Representation:

Ms. Wong Kam-ying, A.P.C.C. (Ag.) (Crown Prosecutor) for the Respondent.

Applicant in person.