Tung Kei-piu v. The Queen

CACC000689/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.689 OF 1975

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Coram: Briggs, C.J., Huggins & McMullin, JJ.

Date of Judgment: 17th September, 1975

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JUDGMENT

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1. In this case, the appellant pleaded guilty to one offence of robbery. The victim, who is a woman, was robbed by the appellant and in order to achieve his object he produced a knife and pointed it to her throat. He took from her a wrist watch, a ring and a purse which contained some $17. The appellant then fled but he was hotly pursued by the victim who raised an alarm. Various members of the public gave chase and the appellant was caught. Particularly praiseworthy is the conduct of a passenger in a public light bus named CHAN Kwok-tung. He alighted from the bus and chased the appellant, caught and subdued him although the appellant threatened him with a knife and struggled.

2. The appellant has eight previous convictions, the longest he has served for any one offence is a period of nine months' imprisonment.

3. The trial judge sentenced the appellant to five years for this offence and, in addition, reactivated a suspended sentence of six months which was passed on him in December last year, the offence being claiming to be a member of a triad society.

4. We think, in the circumstances of this case, a sentence of five years was excessive and we reduce the five years to 3½ years. However, the reactivated sentence will stand. In the event, the appellant will serve a total of four years in all.

Representation:

Appellant in person.

Marash, C.C. for Crown/Respondent.