Sheung Chi-kwok v. The Queen
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CACC000829/1981
Coram: Roberts C.J., Li and Silke JJ.A. Date of Judgment: 7th December, 1981. ----------------- JUDGMENT ----------------- Silke J.A. : 1. The Applicant was convicted on one charge of robbery, which took place on the 23rd July 1980, and on one charge of attempted theft which took place on the next day. He was sentenced to 5½ years for the robbery and to 2 years for the attempted theft, to run concurrently. 2. Tsui, who was aged 17 and Leung had worked out a scheme to rob the victim with whom Tsui was acquainted. Tsui went to the victim's home with the intention of allowing the other persons involved, including the Applicant, into that home to rob. When Tsui entered the premises he left the iron gate open. A little later he came out and his three helpers, who had been waiting outside, rushed in. They were armed with knives. 3. The Applicant pointed a knife at the victim. He put his knife arm around the neck of the victim, threatening to kill him. One of the four attackers slashed the victim's hand causing serious injuries to him. He was in hospital for some time after the robbery. 4. Apart from personal items and travellers' cheques which were taken, the victim was forced to write and sign a Chartered Bank cheque to the value of $6,000. Members of the attacking group tried to cash this on the 24th July. The Applicant waited outside the Bank at that time. This attempt is the subject of the second charge. 5. The other participants were arrested prior to the Applicant. Two of them were previously sentenced. One, surnamed Wong, was sentenced at the same time as the Applicant, his sentence having been held over until the Applicant was dealt with. Tsui, whom I might call the ring leader, received a sentence of 4 years on the robbery and 2 years on the attempted theft concurrent as did the participant Leung who was also aged 17. Wong, who had a previous record, was sentenced to a term of 5 years for the robbery and 2 years for the attempted theft also concurrent in totality 5. He was also aged 17. 6. The Applicant is aged 23. He has a clear record. While he did not plead guilty at the first opportunity he did do so as soon as the victim of the robbery came into Court to give evidence. 7. This was a fully premeditated robbery. It was well planned. Knives were brought and used. Violence was inflicted upon the victim and severe physical injury caused to him. Advantage was taken of the fact that Tsui was acquainted with the victim. Had this been a case tried in the High Court the sentences might well have been in the region of 9 years' imprisonment. 8. In refusing leave, the Single Judge said that the sentence were proper but that, having regard to the manner in which the victim was treated, a sentence of 7 years on the robbery would not be inappropriate. The Applicant complains of a disparity between the other sentences and the sentences imposed upon him. There is no disparity in reality in the light of his age and full participation. The fact of his belated plea of guilty was taken into consideration by the trial Judge. There is a considerable discrepancy between the ages of the other three participants and the Applicant. 9. It is our view that the observations of the Single Judge were correct. The proper sentence in this case should have been one of 7 years' imprisonment. We will therefore allow the Application for Leave to Appeal and vary the sentence of 5½ years' imprisonment on the robbery charge to one of 7 years' imprisonment. The sentence of 2 years on the second charge of attempted theft will not be interferred with. The totality of the sentence is therefore 7 years, the sentence on the second count running concurrontly with that on the first. Representation: G.W. Alderdice Esq., Crown Counsel for Respondent. Appellant in person. |