Fong Yick Hing v. The Queen

CACC000332/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 332 OF 1971

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Coram: Huggins, J.

Date of Judgment: 14th July, 1971.

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JUDGMENT

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1. The Appellant pleaded guilty to robbery and was sentenced to two years' imprisonment.

2. The circumstances of the offence were that at 7:15 in the evening he went into a shop armed with a triangular file. He seized the proprietor by his tie and threatened him, forcing him to open a showcase. The Appellant then seized gold ornaments valued at nearly $7,000 and escaped.

3. He has been before the courts on many previous occasions, having previous convictions for simple larceny, larceny from the person, burglary, house breaking and offences under the Dangerous Drugs Ordinance.

4. The learned Magistrate very rightly regarded this as a serious case and he said that in his view it called for the maximum sentence at his disposal. I think the implication is that the learned Magistrate would not have been surprised had the case been taken elsewhere and I think he gave full consideration to the fact that the Appellant had pleaded guilty. The learned Magistrate emphasised that this was an audacious crime from which the Appellant had reaped a substantial financial profit.

5. In my view the sentence was entirely a proper one and the appeal is dismissed.

14th July, 1971.

Representation: