Chau Cheuk Shun v. The Queen

CACC000518/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 518 OF 1969

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Coram: Briggs & McMullin, JJ. in court.

Date of Judgment: 1 September 1969

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JUDGMENT

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1. The appellant was convicted on his own plea on three charges of robbery with aggravation contrary to section 40(1) (a) of the Larceny Ordinance and of two charges of larceny from the person contrary to section 26 of the Larceny Ordinance. All the offences were committed between 8th and 12th June 1969.

2. Two of the robberies were committed by the appellant together with another person who was not before the court. No weapon was used. In each case a watch and some money was taken, the watch being recovered after the arrest of the appellant. In the third robbery the appellant worked alone. He pointed a screwdriver at a woman who was so frightened that she gave up her watch and a ring. This property has not been recovered.

3. The first of the two larcenies was committed by the appellant with another man. A watch was snatched from the wrist of a boy aged ten. The second larceny was an ordinary bag snatching case. One further case of bag snatching was taken into consideration. The connexion of the appellant with all the charges except for the first charge of robbery came to light as a result of the investigation of that offence. However a report had been made to the police in respect of each charge other than the one which was taken into consideration.

4. The appellant is aged 30 and since 1961 has been convicted of offences similar to those for which he now stands convicted on twelve occasions. His last conviction was in January 1968 when he was sentenced to two years for robbery with aggravation.

5. He was sentenced by the District Court judge to varying terms of imprisonment on each of the charges totalling 5 years in all. Except for the first charge the amounts involved were not large and though one of the victims was a boy of ten and another a woman, we considered that the overall sentence was too severe in the circumstances. We noticed that in a very similar appeal before this court on the same day the overall sentence was three years.

6. In the circumstances we ordered the sentence passed on the first charge to run concurrently with he sentence passed on the second and third charges which will have the effect that the overall period of imprisonment will be 4 years and not 5 years. The sentence is to date from the date of conviction.

Representation:

Appellant in person.

Winter, C. C. for Crown.

Oral Judgment reduced into writing.