R. v. Lee Ho Wah

Read the full judgment text of CACC 327/1995 on BabelCite. This Court of Appeal judgment was delivered on 6 October 1995.

1. The applicant pleaded guilty to two offences of robbery and one of theft. He was sentenced to t totality of imprisonment of 3½ years. He now seeks leave to appeal against that sentence suggesting that it was too severe given that he was a drug addict and committed the offences on the spur of the moment.

Case No.CACC 327/1995
Court
Court of Appeal
Date06 Oct 1995
Judge
Case Document
100%Judiciary

CACC000327/1995

IN THE COURT OF APPEAL

1995, No.327
(Criminal)

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BETWEEN
THE QUEEN
AND
LEE HO-WAH

______________

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

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

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J U D G M E N T

________________

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

1. The applicant pleaded guilty to two offences of robbery and one of theft. He was sentenced to t totality of imprisonment of 3½ years. He now seeks leave to appeal against that sentence suggesting that it was too severe given that he was a drug addict and committed the offences on the spur of the moment.

2. In the first offences committed on 5th January 1995, he snatched a wallet from a victim as she was crossing the street. She resisted and he punched her in the face causing bleeding. During an ensuing struggle she fell to the ground. It was on this occasion that he was apprehended by the police who came on the scene.

3. On the charge of theft he snatched a gold necklace from the victim.

4. In the second robbery charge he forced the victim to the ground and snatched her handbag. These may all have been on the spur of the moment and may have been in order to obtain money for drugs but they were nonetheless serious offences in which the offender preyed upon defenceless females.

5. The sentences imposed were lenient ones. No complaint can properly be made with regard to them and the application is, therefore, refused.

(N.P. Power) (Simon Mayo)
Vice-President Justice of Appeal

Representation:

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

Applicant in person.