Wong Kwan v. R.

CACC000345/1994

IN THE COURT OF APPEAL

1994, No. 345
(Criminal)

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Coram: Hon. Bokhary, J.A. and Wong, J. in Court

Date of hearing: 13 September 1994

Date of delivery of judgment: 13 September 1994

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J U D G M E N T

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Wong J. (giving the judgment of the Court):

1. The applicant, who was D3, pleaded guilty before Deputy Judge Thomas in the District Court to one charge of robbery and one charge of remaining in Hong Kong without the authority of the Director of Immigration. In respect of the robbery, he was sentenced to 3 1/2 years' imprisonment and 15 months for the remaining without authority charge. Nine months of the latter sentence was ordered to run consecutively to the sentence for robbery, making a total sentence of 4 years and 3 months' imprisonment. He now seeks leave to appeal against the sentence out of time.

2. Before us, he at first complained that he did not like the environment in Lai Chi Kok Prison, because no one there could speak Mandarin. It subsequently turned out that he is in fact remanded in Stanley Prison at present. We were told that he is happy because there are people who speak his language. He raised before us a number of matters. He said that no weapon was used and that the number of robbers were 3 and not 4. He also said that he did not know whether the injuries were inflicted by the victim or by someone else. He told us that he had been suffering from epilepsy and there was a possibility that it might recur. In any vent, he complained that the sentence is too severe.

3. Before the Deputy District Judge, the summary of facts was admitted by the applicant. What happened was at about 1.40 a.m. on 20th January this year, a couple were walking together along Nathan Road near Cliff Road. The applicant was one of four men who approached this couple and one of the four, not the applicant, forced himself in between the couple. The man was grabbed hold by two members of the gang.

4. While the applicant was snatching the woman's handbag and tried to remove two rings from her fingers, the man was struggling and trying to assist the woman. One of the men then produced what appeared to be a metal ruler, and held it at the man's throat. The man tried to defend himself, and suffered a laceration to his left little finger which later required four stitches. An abrasion was found on the side of his neck. There was an attempt to stab him on the chest, but the weapon struck a note-book in the pocket of the man and fortunately no injury was caused. On seeing what was happening to the man, the woman removed the rings and gave them to the applicant.

5. It so happened that two police officers were patrolling past the area and gave chase. After the four men ran off, some more policemen arrived, and found the applicant and another member of the gang in a side street adjacent to South Kowloon Court. The two men were arrested. At that time, the two men still had some stolen property in their possession. The applicant was subsequently identified by the woman in an identification parade. There is, in our judgment, strong evidence against the applicant, and he was properly found guilty of the offence of robbery.

6. In relation to the other charge of unlawful remaining in Hong Kong, he admitted to the police under caution that he had come to Hong Kong illegally. The deputy judge had considered the matters very carefully. The robbery is a bad one resulting in injuries to one of the victims. As to the sentence of 15 months, that is the standard sentence for the offence of unlawfully remaining in Hong Kong without authority.

7. There is no substance in any of the matters raised before us by the applicant. The sentence imposed on him is neither wrong in principle nor manifestly excessive. The application for leave to appeal against sentence out of time is therefore refused.

Representation:

Mr. B. Ryan, Counsel for the Crown.

Appellant (Wong Kwan) in person.