The Queen v. Tsui Ka Cheung
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IN THE COURT OF APPEAL 1995, No.512D BETWEEN THE QUEEN and TSUI KA CHEUNG ---------- Coram : Hon Yang CJ, Mortimer JA and Keith J Date of Hearing : 25 April 1996 Date of Judgment : 25 April 1996 ---------------------- J U D G M E N T ---------------------- Hon Yang, CJ: 1. This is the judgment of the court. 2. The applicant acting in person sought to appeal against his conviction but abandoned this application before us this morning. 3. Mr Raffell, acting on behalf of the applicant in respect of the application for leave to appeal against sentence, argues that the totality of sentence of 28 years imposed in this case is manifestly excessive. 4. The applicant was convicted after trial of one count of possession of three pistols and rounds of ammunition (Count 1) in a Pau Cheung Street flat, and there was evidence to show that it was he and another culprit who brought the arms and ammunition into Hong Kong from China for the purpose of committing robberies. 5. He was also convicted after trial of three counts of robbery. First, a robbery at S and Happy Jewellery Limited where two men declared robbery with a gun and quantities of jewellery were stolen. Secondly, at another robbery at Dor Dor Fastfood Shop, $3,000 cash was taken and there was an exchange of fire between the culprits and policemen. It was not known which of the culprits fired the shots. Thirdly, there was the robbery in the Sea Hill Jewellery Shop where a warning shot was fired at the ceiling. Again, it was not known who fired the shots. 6. Lastly, he was convicted after trial of five counts of conspiracy to rob. According to his own confession statements, the conspirators planned to commit a number of robberies in various goldsmith shops with the use of firearms. 7. The judge imposed a sentence of 10 years on Count 1. She then imposed concurrent sentences of 17 years on each of the conspiracy counts. Similarly concurrent sentences of 18 years on each of the robbery counts were passed. Adding the 10 years for the arms and ammunition count to the 17 years for the conspiracy counts and 18 years for the robbery counts, the total would come to 45 years which was obviously too high. Taking into consideration the totality principle, she ordered that 7 years of the 10 years on the first count be served concurrently with the counts of robbery. She ordered the 18 years for the robbery counts to start after the completion of three years of the 10 years of the arms and ammunition counts, and the 17 years for the conspiracy counts to commence after the completion of eight years of the 18 years for the robbery counts, thereby arriving at a total of 28 years. 8. Taking into consideration the fact that the pistols and ammunition were bought in by this applicant and his co-conspirator into Hong Kong for the purpose of committing robbery and that firearms were in fact used during the robberies though no-one was injured, and further that these offences were committed over a fairly lengthy period of time, we are of the view that whilst the 28 years imposed upon the applicant was on the high side, it was nevertheless within the acceptable range of sentences. 9. For these reasons, we refuse the application.
Mr A J Raffell (DLA) for Applicant (on sentence) Mr I G Cross QC and Ms M A Crabtree of the Attorney General's Chambers for Crown/Respondent |