Yeung Ping Fai v. The Queen

Case No.CACC 720/1972
Court
Court of Appeal
Date27 Nov 1972
Judge
Case Document
100%

CACC000720/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 720 OF 1972

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BETWEEN
YEUNG PING FAI Appellant
and
THE QUEEN Respondent

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Coram: Huggins J.

Date of Judgment: 27th November, 1972.

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JUDGMENT

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1. The Appellant appeals against a sentence of detention in a Training Centre for an offence of robbery. He, together with another person not in custody, went to a hall of entertainment and sat next to somebody in the hall. The Appellant then said to this man that he should take out all the money he had or he would be stabbed to death. When the victim said that he had no money he was searched by the Appellant, who took $20 in cash and a wrist-watch from him. The Appellant was the active participant in this offence: the accomplice just sat on the other side. The two then left the hall. Fortunately the victim went out, raised a hue and cry and the Appellant was arrested.

2. The Appellant is 18 years of age. He says that he is the eldest in a family which he has to help support. He is not going to support the family at the expense of members of the public. This is his second offence, he having been fined $500 for theft at the end of 1971. The Full Court has said that for offences of robbery a custodial sentence is normally the proper sentence to pass, and that is so even in the case of a first offender.

3. I see no reason to interfere with this sentence and the appeal is dismissed.

27th November, 1972.

Representation: