R. v. Au Yeung Chi Man

Read the full judgment text of CACC 10/1996 on BabelCite. This Court of Appeal judgment was delivered on 5 June 1996.

1. The Applicant faced two charges of robbery, one committed on 10th February 1994 and the other 22nd February 1994. A small knife was used and the robbery took place in a public carpark. He pleaded guilty to the charges.

Case No.CACC 10/1996
Court
Court of Appeal
Date05 Jun 1996
Judge
Case Document
100%Judiciary

CACC000010/1996

IN THE COURT OF APPEAL

Criminal Appeal No. 10/96

BETWEEN
THE QUEEN
AND
AU YEUNG CHI MAN

____________

Coram: The Hon. Mr. Justice Power, V.-P., Liu and Mayo, JJ.A. in Court

Date of Hearing: 5 June 1996

Date of Delivery of Judgment: 5 June 1996

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J U D G M E N T

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Liu, J.A.

1. The Applicant faced two charges of robbery, one committed on 10th February 1994 and the other 22nd February 1994. A small knife was used and the robbery took place in a public carpark. He pleaded guilty to the charges.

2. He was convicted on his own pleas and the judge sentenced him to 5 years each for the two charges. His guilty pleas were taken into account. The judge also bore in mind that he had absconded in respect of the original trial. Having allowed the Applicant a discount for his pleas in the circumstances as known to the judge, he was given five years in each of the charges and six months in the sentence for the second charge was ordered to run consecutively to that of the first. In total, the Applicant was sent to prison for five-and-a-half years.

3. In his grounds of appeal, the Applicant sets out his personal circumstances including his age and the fact that he was a first offender. These together with his sense of remorse were considered by the trial judge. The sentences passed on the Applicant are in no way manifestly excessive nor are they wrong in principle.

4. Consequently his application for leave to appeal against sentence is denied. Application dismissed.

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

Representation:

AU YEUNG Chi Man, Applicant in person

Mr. A.A. Bruce, Q.C. & Edmond Lee, Crown Prosecutor for Respondent