Cheng Kau-kam v. The Queen

Case No.CACC 1212/1977

Court

Court of Appeal

Date17 Mar 1978

Judge—

Case Document

100%

CACC001212/1977

IN THE COURT OF APPEAL

	1977 No. 1212
	(Criminal)

BETWEEN:
	CHENG Kau-kam	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 17th March, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to five counts of robbery, one count of assault occasioning actual bodily harm and one count of resisting a police officer. He was sentenced to five years' imprisonment on each of the seven charges, the sentences to be served concurrently. He appeals against his sentence.

2. The sentences for the robbery charges were amply justified and the appeal, so far as it relates to these sentences, is dismissed.

3. The judge in the court below erred in sentencing the appellant to a five year term of imprisonment for the charge of assault occasioning actual bodily harm. This charge was brought under section 39 of the Offences against the Person Ordinance (Cap. 212) and the maximum sentence under that section is imprisonment for three years.

4. The judge in the court below also erred in sentencing the appellant to five years' imprisonment for the offence of resisting a police officer. This charge was brought under section 36 of the Offences against the Person Ordinance and the maximum sentence for an offence under that section is imprisonment for two years.

5. The sentences on these two charges are therefore quashed and the sentence of six months' imprisonment is substituted in each case. Those sentences are to be served concurrently with the sentence on the robbery charge. The appeal is allowed to this extent only.

	(Geoffrey Briggs)
	President.

Representation:

Appellant in person

Alderdice for crown