Leung Tim v. The Queen

CACC000447/1978

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

Date of Judgment: 22nd June, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to one charge of attempted robbery and to one charge of being in possession of an offensive weapon in a public place. He was sentenced to five years on the first charge and to one year on the second charge, the sentences to be concurrent. The appellant appealed against his sentences.

2. The police have been worried about a spate of robberies in the area of Flower Market Road, Mongkok. Consequently, on the 29th January, this year, the police laid an ambush. Two members of the Force pretended to be a courting couple and another police officer waited a short distance away. The appellant, and another man, who was his co-defendant, approached the couple and attempted to rob them. The appellant produced a knife and threatened the supposed courting couple. The police then revealed who they were and arrested the appellant. It is not surprising that in those circumstances the appellant pleaded guilty.

3. However, we think that a sentence of five years for an attempted robbery of this nature is too high. The appellant has previous convictions of a minor nature but they do include two convictions of robbery and one of being in possession of an offensive weapon in a public place. Indeed, the appellant had been out of prison for those offences for one and a half months when he committed the present offence.

4. In the event, we think that justice would best be done if we reduced the sentence of five years' imprisonment to one of four years, and we so order accordingly.

Representation:

Appellant in person

White for crown/respondent