R. v. Khan Changez

CACC000418/1995

IN THE COURT OF APPEAL

1995, No. 418
(Criminal)

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

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

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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 sentences imposed upon him for robbery and wounding with intent when he was sentenced to nine years' imprisonment.

2. On 21 July 1994, Mr CHENG Wing-lim who was aged 58, drove his taxi cruising at Paterson Street, Causeway Bay, Hong Kong, looking for passengers. He had with him HK$1,060 representing his earnings of his night shift as well as his own majhong money.

3. Two Pakistani or Indian youths, one of them who was the defendant and the other by the name of KHAN Zamin boarded his taxi at Paterson Street. The time was then about 12.20am. They or one of them spoke in punti to the victim and asked to be taken to Chung Hom Kok beach in Stanley to join their friends at a barbecue site. They both sat in the back seat.

4. On reaching the end of Chung Hom Kok Road, near a Gun-emplacement, which is a dead-end circus, the victim stopped his taxi. He was given a $100 note and he returned change of ten odd dollars. Then he went away to urinate and started to turn back to his taxi.

5. Immediately and without warning, the victim was hit on the head by a hammer or a hard object by one of the two youths. Even though no robbery was declared, the victim realized that he was being robbed. He asked them in punti to spare hitting him as he had a family to look after and said that he would give them all his money.

6. The victim's plea was ignored and he was pushed to lie prone on the ground. Then one of the youths used a Rambo-style knife to slash and slice the victim's neck from behind. The victim attempted to fend off the knife with his hands and as a result suffered further injuries. The victim then feigned to be unconscious, pretending to be dead. Immediately, the victim felt someone taking out his wallet and shortly afterwards heard foot steps hurriedly running away.

7. Although bleeding profusely from his neck wound and finger cut, the victim managed to get back to his taxi and drove to a nearby military installation whereby he summoned help.

8. At 1.41am, the police came, who gave the victim immediately first aid treatment, followed by an ambulance taking him to Tang Shiu Kin Hospital. On the way inside the ambulance, the victim wrote out the brief descriptions of the defendants on a piece of paper and gave it to one of the police officers who then immediately broadcast the details on his beat radio.

9. The taxi driver suffered grievous injuries which necessitated an emergency operation. It is indeed fortunate that the injuries did not prove to be fatal.

10. It was evident from a statement made by the applicant that this attack had been premeditated. There is not much which could be said in mitigation of these offences save that after the commencement of the trial the applicant pleaded guilty. Also he was only 17 years old at the time of the offence. Burrell J expressed the view that 15 years' imprisonment would be an appropriate starting point for these offences and gave him a discount from this.

11. We consider that the starting point was the correct one. A very generous discount was given to the applicant. We do not consider that these sentences should be interfered with.

12. The application is dismissed.

Representation:

Ms Wong Kam Hing for Crown Prosecutor

KHAN Changez, Applicant - in person/present