R. v. Chan Kwok on

CACC000659/1996

IN THE COURT OF APPEAL

1996, No. 659

(Criminal)

______________

______________

Coram: Hon Power Ag. C.J., Mortimer and Mayo, JJ.A. in Court

Date of hearing: 13 June 1997

Date of judgment: 13 June 1997

______________

J U D G M E N T

______________

Mayo JA giving the judgment of the Court:

1. The applicant pleaded guilty to robbery and was sentenced to 4 years' imprisonment. He seeks leave to appeal against this sentence.

2. This was a robbery which occurred in a housing estate in Chai Wan at 9pm in the evening of 13 August 1996. The victim was a lady. After leaving a lift the applicant threatened the lady with a paper cutter and relieved her of her identity card, her credit cards, her telephone book and $5,700 in cash. He also inflicted a wound upon the lady's hand which fortunately was not a serious as it might have been.

3. Complaint is made that the trial judge HH Judge Hawkes adopted too high a starting point when he stated that he considered 6 years as an appropriate sentence after trial.

4. It is suggested that insufficient credit was given to the applicant to take account of his remorse and his relatively good record. Also it is suggested that he should have been given greater credit for having surrendered to the police.

5. There is no merit whatsoever in this application. Having regard to the facts of this case 6 years' imprisonment was a low starting point. The applicant was given a full discount of 1/3 and the sentence which was imposed was not a day too long. This application is dismissed.

Representation:

Mr Arthur Luk for Crown Respondent

Mr Wong Po Wing (DLA) for Applicant