Luk Kin-hung v. The Queen
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CACC000757/1976
----------------- Coram: Briggs, C.J., Pickering, J.A. and McMullin, Ag. J.A. Date of Judgment: 27th October, 1976. ----------------- JUDGMENT ----------------- Pickering, J.A.: 1. The appellant was convicted on two charges of robbery and sentenced to 3 years' imprisonment on the first charge and 2 years on the second charge both sentences to run consecutively. He is 17 years of age. 2. The robberies were of a type which has become all too prevalent, the appellant being, in each case, one of a group of men who burst into private premises brandishing knives. In one case the occupants of the premises were bound. 3. The appellant asked us to make his sentences concurrent and Mr. Lucas, for the Crown, commented that the sentences were "a bit high". This court can have no sympathy with anybody involved with offences of this nature and, in the case of an older man these sentences would have been impeccable. We consider however that in the case of a youth of 17 a five-year sentence is very heavy and it was on account of his age and for that reason only that we allowed the appeal and order the sentences to run concurrently instead of consecutively. We emphasise however that the sentences were entirely apposite to the offences and their only defect was that they were not appropriately tailored to the offender. Representation: Appellant in person. Lucas for Crown/respondent. |