Leung Siu-sing v. The Queen

CACC000412/1978

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 7th July, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to one charge of attempted robbery and was sentenced to four years' imprisonment. He was also sentenced to one month's imprisonment for breach of a probation order relative to a case of defilement which occurred in January of this year. The appellant appeals against his sentence.

2. The appellant, who is aged 17 ½ years, together with four other young men attempted to rob some persons as they were leaving their home in a block of flats. The appellant and his accomplices were all armed and they ordered the victims to squat down. They forced them to return to their flat which was on the sixth floor and then tied them up and ransacked the flat. A neighbour observed them and called the police who arrived at once. The appellant attempted to evade capture: he climbed out onto a drain-pipe from the sixth floor, but lost his grip and fell to the ground. He was taken to Queen Elizabeth Hospital and it was discovered that his skull was fractured and he has had two operations to his head as a result.

3. When the case came before this court on the first occasion we asked for probation and training centre reports. They are favourable to the appellant to this extent, that it is thought he would benefit from a period of detention in a training centre.

4. Though he was caught red-handed, we note the appellant pleaded guilty and taking that into consideration and the fact of his youth and especially the fact that he has received most severe injuries to his head, we think that justice would best be done if we allow the appeal to the extent of quashing the sentences of four years and one month and substitute therefor an order that he be detained in a training centre.

Representation:

Miss A. Mok (D.L.A.) for Appellant

Maxwell for the Crown/Respondent