Chow Hon-ming v. The Queen

Read the full judgment text of CACC 507/1978 on BabelCite. This Court of Appeal judgment.

1. The Appellant appeals against a sentence of five years' imprisonment for robbery. He was an air-conditioning mechanic earning a good salary. He was sent on duty to a flat to overhaul an air-conditioner and he returned on a subsequent day and then attacked the owner's wife, a woman who was pregnant, as she was leaving the flat. It is not entirely clear exactly what he did: he appears to have covered her mouth with his hand and at some stage was holding her neck: he threatened her with a knife

Case No.CACC 507/1978
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000507/1978

IN THE COURT OF APPEAL  
   
  1978 No. 507
  (Criminal)

BETWEEN    
  CHOW HON-MING Appellant
  and  
  THE QUEEN Respondent

-----------------

Coram: Huggins and Pickering, JJ.A., and Leonard, J.

Date of Judgment: 8th August 1978.

-----------------

JUDGMENT

-----------------

Huggins, J.A.:

1. The Appellant appeals against a sentence of five years' imprisonment for robbery. He was an air-conditioning mechanic earning a good salary. He was sent on duty to a flat to overhaul an air-conditioner and he returned on a subsequent day and then attacked the owner's wife, a woman who was pregnant, as she was leaving the flat. It is not entirely clear exactly what he did: he appears to have covered her mouth with his hand and at some stage was holding her neck: he threatened her with a knife and then forced her into the flat and stole property inside. Obviously people like the Appellant, who have lawful access to premises, must be deterred from committing robberies of this kind. It is, however, in favour of the Appellant that he did surrender himself, possibly as the result of the persuasion of his wife, who clearly has a good influence upon him. This is his first offence and he has pleaded Guilty. Despite the seriousness of the offence we think that the sentence is too high. He had a clear record and we are disposed to allow the appeal and to substitute a sentence of three and a half years' imprisonment. We order accordingly.

8th August 1978.

Representation: