Wong Wai Tai v. The Queen
|
CACC000111/1976
-----------------
Coram: Briggs, C.J., Huggins & Pickering, JJ.A. Date of Judgment: 17th March 1976. ----------------- JUDGMENT ----------------- Pickering, J.A.: 1. The appellant pleaded guilty to a charge of assault with intent to rob and was sentenced to four years' imprisonment. He appeals against that sentence. 2. At about 7 p.m. on the 9th January this year the victim, who is the driver of a private bus, parked his vehicle in Tai Hang Road preparatory to alighting and going home. The appellant opened the door of the bus and, producing a long hard object wrapped in newspaper, pointed it at the waist of the victim telling him not to move and that otherwise he would be stabbed to death. The victim kicked open the door of the bus whereupon the appellant fled. 3. The victim made contact by radio with one of his colleagues and the two drove along Tai Hang Road looking for the appellant whom they found waiting at a bus stop. 4. It is for observation that this offence was committed upon the very day upon which the appellant was released from prison where he had been serving three consecutive sentences of eight months' imprisonment in respect of three robberies. He told this Court that, having just been released from prison, he had no money and so was forced to commit this crime. That is not an explanation which finds any favour with us for the appellant, having twice been in prison previously, must be well aware that aftercare is available if needed through the Discharged Prisoners Aid Society or other organizations. 5. Having said that, and despite the appellant's previous convictions for robbery, we are nonetheless of the view that the sentence of four years' imprisonment for a half-hearted, immediately abandoned attempt such as this is somewhat high. Accordingly we allow the appeal, set aside the sentence of four years' imprisonment and substitute it with one of three years. Representation: Appellant in person. Conway, C.C., for Respondent. |