Chan Wai-ming v. The Queen

CACC001015/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 1015 OF 1971

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Coram: Leonard J. in Court

Date of Judgment: 23rd February, 1972.

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JUDGMENT

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Leonard J.:

1. This is an appeal against sentence on a charge of attempted robbery for which on a finding of guilty the appellant was sentenced to twelve months' imprisonment. There is no evidence on the record that the appellant committed my act sufficiently proximate to the offence of robbery to amount to an attempt. Although he stated in his cautioned statement that he intended to rob, intend itself is not sufficient to constitute the offence of attempt. The evidence against the appellant consisted firstly of the evidence of the intended victim he said he was approached and spoken to roughly by the appellant and that while the appellant was greeting somebody behind the potential victim the police intervened and threw themselves at the appellant the person whom he was greeting who, it would appear, did in fact exist and the proposed victim. This is clearly not sufficient to constitute an attempt. The evidence was brought no further by the evidence of the police officers concerned who said that the defendant aroused his suspicion and that as he approached, the defendant tried to run away. In all the circumstances of the case notwithstanding the fact that the defendant clearly wished to commit the offence of robbery I cannot find on the record any evidence that he did do an act sufficiently proximate to amount to an attempt. Counsel for the prosecution very fairly does not oppose an application for leave to appeal out of time. I, therefore, grant leave to appeal against conviction on the charge of attempted robbery out of time and quash the conviction.

23rd February, 1972.

Representation:

Appellant in person.

E. Li for Respondent.