Lam Sung Kwong v. The Queen
Read the full judgment text of CACC 33/1975 on BabelCite. This Court of Appeal judgment.
1. This Appellant was indicted on a number of counts but, as I understand it, the Crown eventually proceeded with only three of them against this Appellant. Those counts were robbery and possession of arms and possession of ammunition without a licence.
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CACC000033/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 33 OF 1975 -----------------
----------------- Coram: Huggins & Pickering, JJ. Date of Judgment: 6th March, 1975. ----------------- JUDGMENT ----------------- Huggins, J.: 1. This Appellant was indicted on a number of counts but, as I understand it, the Crown eventually proceeded with only three of them against this Appellant. Those counts were robbery and possession of arms and possession of ammunition without a licence. 2. The robbery occurred at 4 o'clock in the morning when this Appellant and three others broke into a dwelling house. The householder was awakened by their noise and went out to investigate: thereupon he was attacked. There was something of a struggle and eventually one of the robbers, but not this Appellant, chopped him on the leg. Finally the robbers made off with a quantity of valuable property, Subsequently the police made a search of some premises in the possession of this Appellant and another man, and there they found a Luger pistol and a quantity of ammunition, the pistol being actually in a box outside the house. 3. No-one can regard a violent assault upon a dwelling house such as this as anything but an extremely serious matter but we think that a sentence of seven years' imprisonment was unduly high. We think the proper sentence for this offence was one of five years' imprisonment. The sentences on the other two charges we do not intend to interfere with. The sentences of robbery and possession of arms will be consecutive but the other will be concurrent. 6th March, 1975. Representation: |