Leung Wing and Anohter v. The Queen
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CACC000691/1975 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO.691 OF 1975 -----------------
Coram: Briggs, C.J. Huggins & McMullin, JJ. Date of Judgment: 17th September, 1975. ----------------- JUDGMENT ----------------- 1. In this case the two appellants pleaded guilty to one offence of robbery. The first appellant was sentenced to six years' imprisonment and the second appellant to five years' imprisonment. Both appealed against their sentences. 2. The facts were that one LI Shing went to a certain diamond merchant and purchased some stones. He later phoned the diamond merchant saying that he wised to do further business and an appointment was made. He arrived to keep the appointment carrying a brief case. Ten minutes later the two appellants arrived and said they were friends of LI Shing and had brought some money for him with which to pay for the diamonds then ordered. LI Shing then took a knife and an axe from the brief case and threatened the manager and a Miss Yau, a member of the staff. The two appellants tied and gagged the manager and LI Shing took a large quantity of diamonds from the safe of the manager and all three culprits left. 3. LI Shing escaped by using the elevator and has not been arrested. The two appellants descended the staircase but as Miss Yau had raised an alarm the caretaker below had locked the doors. The appellants therefore climbed onto a ledge and jumped down onto a construction site next door. Both of them sustained injuries which could fairly be described as severe and they were both arrested on the site. 4. Taking these facts into consideration, we consider that the sentences imposed on the two appellants were too severe and, in the event, we reduced each of the two sentences by one year. The first appellant has two previous convictions for robbery and the second appellant has a clear record. So, in the event, the first appellant will serve a sentence of five years' imprisonment and the second appellant a sentence of four years' imprisonment.
Representation: Alan Hoo (S. Soo & Co.) for Appellants. Marash, C.C. for Crown/Respondent. |