Chin Yee Chung v. The Queen

CACC000549/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 549 OF 1975

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Coram: Huggins & McMullin, JJ.

Date of Judgment: 2nd October 1975.

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JUDGMENT

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Huggins, J.:

1. The Appellant appeals against sentences of two years' imprisonment, two years' imprisonment and one year's imprisonment on charges of robbery. The first two sentences were consecutive but the third was concurrent. Nevertheless all the sentences were consecutive to a sentence of one year's imprisonment passed on him by a magistrate for possession of an offensive weapon.

2. The Appellant was arrested and questioned about a knife which was found on him and about a robbery. He frankly admitted the robbery and that he had used the knife in the course of it. He was then questioned about another robbery, but he denied having taken any part in that, although he volunteered the information that he had committed yet another robbery. The position is, therefore, that he was convicted solely upon the evidence which he himself supplied to the police. The only victim who was traced was unable to identify him.

3. In our view the total of five years' imprisonment for all these offences is unduly high. We do not question the propriety of laying a separate charge in respect of the knife, since he was in possession of that knife at the time that he was arrested. However, since he admitted that the knife was the one used in the course of these robberies it might have been better had that charge been dealt with at the same time as the other charges. Had that been done we think it might well be that a concurrent sentence would have been passed for the possession of the knife. In all the circumstances we think it would be proper to allow the appeal to the extent that these sentences shall run concurrently with the sentence passed by the magistrate.

2nd October 1975

Representation: