The Queen v. Wong Wai Por

CACC000464/1985

BETWEEN

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Coram: Li, V.-P., Yang & Kempster, JJ.A.

Date of hearing: 5th March, 1986.

Date of delivery of judgment: 5th March, 1986.

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JUDGMENT

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Yang, J. A.:

1. This is an application for leave to appeal against sentence. The Defendant pleaded guilty to a charge of robbery and was sentenced to 5½ years' imprisonment.

2. The facts are these.  At about 5.20 p.m. on the 29th September 1985, a young lady of 21 years of age was returning to her apartment in Shaukiwan.  When she was inside the lift, the Defendant who was also in the lift produced a knife and held it against her throat.  A gold necklace and some $40 in cash were stolen from her.

3. The Applicant is 27 years of age and has a criminal record, but there was nothing similar. The judge in imposing the sentence upon him took into consideration his plea of guilty, though he commented that the Applicant had been caught fleeing the scene by the victim's family who found him in possession of the necklace and therefore a plea of guilty was all but inevitable.  Counsel for the Applicant argued that the judge's starting point of a sentence of 6 years for this type of offence is too high having regard to Application for Review, 1985 No. 1, where this Court laid down a guideline for a "normal" lift robbery and suggested a sentence of 5 years after a full trial.

4. Having regard to that case, we are of the opinion that the sentence ought to be reduced by one year. We therefore treat the application as an appeal, allow the appeal and reduce the sentence of 5½ years to 4½ years.

Representation:

Michael Lunn (D.L.A.) for Applicant

F. C. Whitehouse, Crown Counsel for DPP/Respondent