R. v. Le Duc Chin

CACC000526/1996

IN THE COURT OF APPEAL

1996, No. 526
(Criminal)

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Coram: Hon Litton, V.-P., Bokhary and Ching, JJ.A. in Court

Date of hearing: 20 February 1997

Date of judgment: 20 February 1997

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J U D G M E N T

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Litton, V.-P. (giving the judgment of the Court):

1. This is an application for leave to appeal against sentence.

2. The applicant pleaded guilty in the District Court before Deputy Judge Brazier to two charges of robbery, one charge of resisting arrest and two charges of assaulting a police officer, in the execution of his duty. He was sentenced to a total of six years' imprisonment.

3. The two robberies occurred on 8 June 1996 in Tuen Mun in broad day-light. In the first a woman aged about 30 was with her two small children when she was held at knife-point by the applicant and robbed first of money in her purse and then a wrist watch. The second victim was likewise a young woman returning from school with her six-year-old daughter and she was likewise threatened by the applicant with a knife and robbed.

4. The other offences occurred when the police attempted to arrest the applicant. He slashed and stabbed at the police with his knife on several occasions and at different localities in his attempt to escape. He was eventually brought down by being shot in the thigh.

5. It is unnecessary to repeat the carefully structured sentencing process which the judge went through. The individual sentences were clearly appropriate and the total of six years is not excessive.

6. The application for leave to appeal against sentences is dismissed.

Representation:

Mr John Reading, SACP (Crown Prosecutor) for Crown/Respondent

Le Duc Chin, Applicant in person