Lai Wun Wing v. The Queen

CACC000683/1968

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 683 OF 1968

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Coram: Huggins, J.

Date of Judgment: 4 December 1968

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JUDGMENT

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Huggins, J:

1. The appellant was convicted on his own confession of robbery with aggravation. He was sentenced to 18 months' imprisonment and he appeals against that sentence.

2. At 4.45 in the afternoon of 7th November, on a staircase, the appellant attacked a woman from behind. He grabbed her round the neck and pointed a small pen-knife at her chest. He robbed her of her purse and when the woman then had the courage to shout for help he stabbed her in the chest and ran away.

3. The appellant is 26 years of age and has no previous conviction. He was a carpenter at a shipyard, where he was earning $360.- a month. He has a wife and a son and he says that he remits money to his father in China. His wife is shortly expecting another child.

4. The courts are always loath to send to prison a man who is in gainful employment and who has a clear record previously, but the learned magistrate considered this to be a very serious case. It was a cowardly attack and the sort of offence which unfortunately is all too common in Hong Kong. I am unable to say that this sentence was wrong and the appeal is dismissed.

4th December 1968.

Representation:

Appellant in person

Mr. Evans for the Respondent