Read the full judgment text of CACC 000362/1991 on BabelCite. This Court of Appeal judgment was delivered on 30 October 1992 before Power JA, Bewley J, Ryan J.
Criminal law – aggravated burglary – wounding with intent – false imprisonment – sentencing – application for leave to appeal against sentence – whether MO Kwong-sang guidelines apply to aggravated burglary where violence was used – three applicants forced way into flat at 12.15 p.m., pushed past Filipino maid, held her neck with bread knife, kicked open room door and tied up occupants – 1st applicant menaced victim with chopper from kitchen – 3rd applicant thrust bread knife at Miss Fei, cutting her hand – applicants claimed they were collecting a debt and went to wrong flat, jury rejected – whether trial judge wrongly assessed sentence by applying robbery guidelines to aggravated burglary charge – guidelines in MO Kwong-sang rightly applied to an aggravated burglary charge in company with which violence was used – facts very akin to robbery despite charge being aggravated burglary – eight-year sentence on burglary not excessive – applicants aged 21, 20 and 22, all young and without prior imprisonment, but these factors did not displace proper application of guidelines – application for leave to appeal against sentence dismissed.
Legal issues: Application of MO Kwong-sang sentencing guidelines to aggravated burglary with violence
Outcome: Application for leave to appeal against sentence dismissed.
Cited by 2 cases