R. v. Ko Kam Fai

Read the full judgment text of CACC 38/1996 on BabelCite. This Court of Appeal judgment was delivered on 31 May 1996.

1. The applicant seeks leave to appeal against the sentence of 2 years' imprisonment imposed upon him for robbery.

Case No.CACC 38/1996
Court
Court of Appeal
Date31 May 1996
Judge
Case Document
100%Judiciary

CACC000038/1996

IN THE COURT OF APPEAL

1996, No. 38
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
KO KAM FAI Applicant

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Coram: Hon Power, V.-P., Mortimer and Mayo, JJ.A.

Date of hearing: 31 May 1996

Date of judgment: 31 May 1996

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentence of 2 years' imprisonment imposed upon him for robbery.

2. It was quite a bad lift robbery. An elderly lady who was using the lift was grabbed and manhandled by the applicant who relieved her of her gold necklace. As a consequence of this attack she was hospitalised for four days.

3. Neighbours hearing the cries for help from the victim responded and the applicant was apprehended at the scene. He pleaded guilty to the offence.

4. In the grounds of appeal which are before us the applicant refers to his difficult family circumstances and the hardship he suffers as a consequence of his detention.

5. Before us he emphasised his desire to turn over a new leaf. As we have said this was a bad lift robbery and it could be said that the sentence which was imposed was an extremely merciful one. There can be no justification for us to reduce it in any way.

6. The application is dismissed.

(N.P. Power) (Barry Mortimer) (Simon Mayo)
Vice President Justice of Appeal Justice of Appeal

Representation:

Ms Crabtree, DPCC for Crown Prosecutor

Ko Kam Fai- Applicant in person/present