Leung Shing-wong v. The Queen
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CACC000572/1970 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 572 OF 1970 -----------------
Coram: Rigby, C.J., Mills-Owens, J. and Pickering, J. Date of Judgment: 2 November 1970 ----------------- JUDGMENT ----------------- 1. The appellant, who is aged 36, pleaded guilty before the magistrate to the charge of robbery preferred against him. He was sentenced to 18 months' imprisonment and the learned magistrate, in the exercise of his discretion further directed that he should be subjected to 14 strokes with the cane under the provisions of the Corporal Punishment Ordinance. The appellant now appeals against sentence. It is significant from what he has said in this Court that the part of the sentence which primarily concerns him is the order for corporal punishment. 2. The facts of the case were that in the early afternoon of the 27th September the appellant accosted an unaccompanied woman as she was ascending the staircase of certain premises in Kowloon. He covered her mouth with one hand and with his other hand robbed her of the purse which she was carrying. He then snatched from around her neck the gold necklace which she was wearing and turned to run away. The victim of his attack called out "Robbery" or something to that effect whereupon the appellant turned, pointed a knife at her and threatened her with it if she should shout out any further. He then turned and ran down the staircase. The woman continued to call out and, fortunately, her cries were heard by a passer-by in the street who gave chase to the appellant as he was running away. He was successful in catching him and a policeman who was in the immediate vicinity then took over the appellant. The knife was found upon him and the gold necklace which he had snatched from the victim was also in his possession together with the purse of the victim. In effect, the appellant was caught red-handed and the fact that he pleaded guilty to the charge is of little credit or value to him in the circumstances of the case. 3. The Court reiterates the view that it expressed earlier this year that it viewed with concern the increase in crimes of this nature. The production of offensive weapons, frequently knives, in lifts, on staircases, and in isolated places to which young couples may resort, and in gang fights, is a feature of crime in Hong Kong which is unhappily increasing. Whilst each individual sentence must necessarily and rightly remain within the discretion of the trial judge or magistrate, we take the view that it may well be in the interests of the community and the protection of members of the public if there came about a conscious realization on the part of persons who commit offences of this kind - robbery of innocent and defenceless persons - coupled with the use, or the threat of use, of a knife or other offensive weapons at the time - that such persons should appreciate that commission of offences of this kind may well result, and in the appropriate case should result, in the infliction of corporal punishment. 4. In so far as the sentence of corporal punishment in this case is concerned, we affirm the order made by the learned magistrate. 5. As regards the sentence of imprisonment there may well be cases, bad cases, where a sentence of corporal punishment should be accompanied by a term of imprisonment. However, we are not satisfied that this is such a case. On the contrary, we take the view that it would be infinitely preferable if after the sentence of corporal punishment has been carried out the appellant should be ejected from the precincts of the prison at the earliest possible opportunity so that any visible discomfort which he may be suffering at the time may be readily apparent to those members of the public outside the precincts of the prison and to any of his friends who may be minded to commit the type of offence which he has committed in this case. 6. We therefore, whilst affirming the order of corporal punishment, allow the appeal to the extent that the sentence of imprisonment will be set aside. 7. We direct that the appellant be taken from here and that the order of corporal punishment be carried out at the earliest convenient opportunity and that the appellant, again at the earliest convenient opportunity, be discharged from the prison where the sentence of corporal punishment is being carried out. 8. We direct that a copy of this order be handed to the prison officers now accompanying the appellant so that the direction we have given may be made clear to the Prisons Department. Representation: Appellant in person. M. Wong, S.C.C. for Crown/ Respondent. Judgment of the Court delivered by the President. |