Wong Woon-kwan v. The Queen

CACC000492/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 492 OF 1972

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Coram: Full Court (Briggs & Leonard, JJ)

Date of Judgment: 25.7.72

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JUDGMENT

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1. The Appellant was convicted of robbery and sentenced to 3 years imprisonment. He appeals against that sentence.

2. On June 7th 1972 the Appellant was arrested for another offence. Enquiries revealed that he was not involved in that case. During those enquiries he confessed to the present case.

3. The facts of the present case are as follows: early in the morning of May 28th the Appellant robbed a man on a staircase. The Appellant approached him from behind and grabbed him from behind. No weapon was used. The Appellant approached him from behind and grabbed him from behind. No weapon was used. The Appellant stole a wrist watch, a cigarette lighter, and $35.

4. The victim of the attack did not report the robbery to the Police. So the matter would not have come to light if the Appellant himself had not told the Police that he had committed the present offence. The watch and lighter were recovered and restored to the owner. Though the Appellant has a record of previous convictions for similar offences, we think that the Magistrate did not give enough weight to the fact that the only evidence of the crime was provided by the Appellant himself.

5. The sentence of 3 years imprisonment will be quashed and we substitute a sentence of 18 months therefor. The sentence will date from today's date.

Representation:

Appellant in person

Mrs. Jackson-Lipkin, C.C. for Crown/Respondent