Cheung Shui-fuk @ Cheung Wai-keung v. The Queen

CACC000763/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 763 OF 1974

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Coram: Briggs, C.J.

Date of Judgment: 8th October, 1974.

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JUDGMENT

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1. This is an appeal against sentence. The appellant was convicted of one offence of robbery and one offence of escape and sentenced to two years and nine months respectively, the sentences to be served consecutively; they were also stated to be consecutive to the sentences which he is serving.

2. The appellant with another man stole $60 and attempted to steal a handbag which contained a large sum of American money from two people whom they met in a cinema. He was chased from the cinema and was caught shortly afterwards when he hid in a certain building. The handbag was recovered. When he was arrested it was discovered that he had escaped from the Chatham Road Detention Centre sometime before. He was not the ring-leader in this escape, which was an escape by several persons detained in the Centre. He appears to have joined in at the last moment when he saw other prisoners successfully getting away.

3. The effect of the order that the sentences shall run consecutively is that the appellant may probably have to spend 4 ½ years more in prison.

4. In my view, the overall sentences are excessive in this case. Admittedly, the robberies were serious offences but I think that the fact that he is a young man and that he pleaded guilty must be taken into consideration. I think justice would best be done if the sentence of nine months imposed for the offence of escape be served concurrently with the sentence of robbery thus reducing the overall total by nine months and I so order.

Representation:

Kelly (David Burgin & Co.) for appellant

Carolan, S.C.C. for Crown/Respondent