Cheng Shing v. The Queen
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IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO. 923 OF 1971 -----------------
----------------- Coram: Leonard J. in Court. Date of Judgment: 13 January 1972 ----------------- JUDGMENT ----------------- 1. In this case the appellant appealed against sentences totalling two years imposed on him in Cases No. KT 31073 and 2001 of 1971. 2. In KT 31073 he had pleaded guilty to four cases of robbery. Each of these robberies had taken place in the street and they occurred on the 3rd, 4th, 11th and 12th August 1971. In three of them the victims were males and in the fourth the victim was a female and in each the property stolen was a wristwatch and either a small sum of money or in one case a fountain pen. 3. In KT 2001 of 1971 he had earlier in the year appeared before the same magistrate on two charges of robbery of a similar type and been placed on probation for 18 months. 4. The learned magistrate when passing sentence in Case No. KT 31073 very properly exercised his powers under sec. 5(2)(a) of the Probation Ordinance. He imposed consecutive sentences of 4 months imprisonment on each of the 6 charges making a total of 2 years imprisonment in all. 5. The modus operandi in each robbery was the same - the appellant, who was unarmed, approached his unsuspecting victim from behind, threatened him (or in one case her) and removed the wristwatch and other property. In three of the cases the robberies had not been reported to the police who would not have known of them had not the appellant freely confessed them. The appellant had been co-operative with the police and the stolen watches were recovered from pawn brokers with whom the appellant had illegally pawned them or from places where the appellant had hidden them. Prior to his arrest for the offences for which he was placed on probation he had had a clear record. However the point telling most strongly in his favour was the fact that in no case was it suggested that he had used a knife or other weapon and in no case had the victim been seriously assaulted nor was there any suggestion of viciousness. 6. In the four cases the subject matter of KT 31073 he had acted alone; in the 2 cases for which he had been placed on probation he had acted in concert with another. I considered that no fault could be found with any one the sentences of 4 months imprisonment imposed on each charge and I further considered that the learned magistrate was correct in imposing a consecutive sentence under the Probation Ordinance. Nevertheless since the appellant had a clear record when placed on probation and was a compatively young man of 24 the cumulative effect of the sentences was manifestly excessive for the nature of the activity in which the appellant had engaged. My decision would, I may remark, have been different had the appellant used a knife. I therefore allowed the appeal so that in KT 31073 the sentences on the first two charges should be consecutive but the sentences on the 3rd and 4th charges should be concurrent with each other and with the first two charges. The sentences on KT 2001 are to be concurrent with each other but consecutive to KT 31073.
Representation: Appellant in person. Corbally, Ag. D. P. P . for Respondent. Oral judgment reduced into writing. |