Chan Chi-lai v. The Queen

CACC000887/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 887 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 8th November, 1975.

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JUDGMENT

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1. In this case the appellant was found guilty of robbery and sentenced to eighteen months' imprisonment. He appeals against that sentence. I gave him leave to appeal out of time as he was a few days late through no fault of his own.

2. The appellant told me that he was already serving a sentence of 2½ years for robbery at the time the sentence in the present case was passed on him. This fact was not brought to the attention of the magistrate when the present sentence was passed which will take effect consecutively to the sentence of 2½ years. Although the sentence of eighteen months in the present use is a proper sentence in itself when added to the previous sentence of 2½ years, the overall sentence is manifestly excessive for the two offences. The appellant also told me that he is awaiting trial in the Supreme Court for further serious offences.

3. In the circumstances, the best thing to do in this case is to order that the sentence of eighteen months' imprisonment be served concurrently with the sentence of 2½ years and I order accordingly. The appeal against sentence will be allowed to this extent.

Representation:

Appellant in person.

Sharwood for crown.