R. v. Chan Koon Hung

CACC000694/1996

IN THE COURT OF APPEAL

1996, No. 694

(Criminal)

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Coram: Hon Litton V.-P. and Mayo J.A. in Court

Date of hearing: 5 March 1997

Date of judgment: 5 March 1997

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J U D G M E N T

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Litton V-P giving the judgment of the Court:

1. This is an application for leave to appeal against sentence.

2. After trial in the District Court on two charges of robbery and one charge of possession of an offensive weapon, the applicant was sentenced to a total of six-and-a-half years' imprisonment.

3. The first robbery occurred on 25 January 1996 at the Middle Road carpark, Tsimshatsui, when the applicant hit the victim on the head with a bottle from behind, causing profuse bleeding, and robbed him of $1,000 in cash and a Tiffany watch.

4. The second robbery occurred on 11 April 1996 at the same place when the victim was injured with a knife and was robbed of $4,500 cash, a ring and a Rolex watch.

5. The third offence occurred on 30 April 1996 when the applicant was found in possession of an offensive weapon, a knife, with intent to use it for unlawful purposes.

6. These are serious offences. In the course of the two robberies both victims were injured.

7. The applicant was 24 years old at the time of conviction. The judge plainly had in mind the totality principle in sentencing the applicant. He was sentenced to five years' imprisonment for the first robbery; five-and-a-half years' imprisonment, to be served concurrently with the first charge, on the second robbery; twelve months' imprisonment for the third charge to be served consecutively, making a total of six-and-a-half years. These sentences are not manifestly excessive nor has there been any error in principle. The application is dismissed.

Representation:

Mr M A rthur, SCC (Crown Prosecutor) for Crown/Respondent

CHAN Koon Hung, Applicant in person