Tsoi Chung-shing v. The Queen

CACC000613/1976

Coram: Briggs, C.J., Pickering, J.A., & McMullin, J.

Date of Judgment: 11th November, 1976.

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JUDGMENT

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1. The appellant was found guilty of two charges of robbery and three other charges in connection with the taking of a vehicle without authority. He was sentenced to three years on the first charge of robbery and four years on the second charge of robbery, the sentences to be consecutively served. He was also sentenced to a few months' imprisonment in respect of the other three offences which were ordered to be served concurrently with the sentences passed on the robbery charges. So, in effect, the appellant faces a total sentence of seven years' imprisonment. The appellant appealed against his conviction and we dismissed that appeal.

2. In each of the two robbery cases, the appellant, together with another person who was not before the court, robbed a taxi driver and in each case a weapon was used.

3. The appellant is a man of 26 years and has ten previous convictions which include a conviction for robbery as well as convictions for being in possession of an offensive weapon in a public place and assault.

4. However, we think that the overall period of seven years for these two offences is excessive. It is necessary that persons who rob taxi drivers should be severely dealt with and, in an ordinary case, such an offence attracts a three to four year sentence.

5. In the circumstances, we think that justice would best be done if we allow the appeal against sentence to the extent that the two sentences passed on the robbery charges are ordered to be concurrent sentences, concurrent that is with the other sentences passed on the other three charges and we so order.

Representation:

G. Rodway (D.L.A.) for Appellant.

Stoppa for the Crown/Respondent.