Cheng Wai-hung v. The Queen

Case No.CACC 1209/1976

Court

Court of Appeal

Date04 Dec 1976

Judge—

Case Document

100%

CACC001209/1976

IN THE SUPREME COURT

	Criminal Appeal
	1976 No. 1209

BETWEEN:
	CHENG Wai-hung	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 4th December, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to one charge of robbery and was sentenced to two years' imprisonment.

2. The appellant was one of five persons who robbed a person in a public lavatory of a watch, two rings and two pens, the watch being recovered but not the other property.

3. The appellant has a record of three previous convictions which includes two cases of robbery for which he was imprisoned. His last previous conviction was on the 14th August this year when he was given a sentence of four months' imprisonment for claiming to be a member of a Triad Society. At the time of the trial of that offence, the authorities knew that he was a participant in the robbery which is the subject matter of this appeal. However, the authorities waited until the appellant had served his sentence of four months' imprisonment and arrested him on the present offence as he was leaving the prison.

4. Although the sentence of two years' imprisonment was not excessive I think in fairness to the appellant that sentence should be reduced by four months, which was the sentence passed for the previous offence. In the event therefore the appeal is allowed to the extent that a period of one year and eight months' imprisonment is substituted for the two years.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person.

Lucas for the Crown/Respondent.