Chau Kwan and Another v. The Queen

CACC000505/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 505 OF 1969

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Coram: Full Court (Briggs & McMullin, JJ.) in Court.

Date of Judgment: 1 September 1969

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JUDGMENT

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1. In sentencing the two accused persons in this case to terms of imprisonment of 4 years on a charge of robbery with aggravation the learned District Judge said in the course of his Reasons for Sentence:

"The amount of booty they obtained is not of overriding consideration in an offence such as this. They were after all they could get and that they only got a pen and pencil is despite their efforts. I reduce slightly on account of pleas."

2. Both defendants had pleaded guilty to the charge. The booty in question was a Parker 61 fountain pen and matching pencil. The victim was assaulted and knocked to the ground on two occasions in the course of the struggle by the two defendants. No weapon was used in the course of the robbery.

3. Notwithstanding the prevalence of this type of crime and the serious nature of it we are of the opinion that, having regard to the scale of sentences commonly imposed in the District Courts in respect of persons with similar records to the present appellants for offences involving small quantities of property the present sentences were excessive. We treat the present applications as the substantive appeal for the sentences of four years we substitute sentences of 3 years in respect of each appellant.

Representation:

Appellant in person.

Penlington c.c. for Crown.

Oral judgment reduced into writing.