So Yee v. The Queen

Case No.CACC 1219/1976

Court

Court of Appeal

Date04 Feb 1977

Judge—

Case Document

100%

CACC001219/1976

IN THE COURT OF APPEAL
on appeal from the High Court

	1976 No. 1219
	(Criminal)

BETWEEN:
	SO YEE	Appellant
	and
	THE QUEEN	Respondent

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

Date of Judgment: 4 February, 1977.

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JUDGMENT

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1. The appellant pleaded guilty to five offences arising out of an incident which occurred on the 24th March, 1976. On that date the appellant and another man, who is not before the court, seized a revolver from a police constable who was in uniform. He was charged with robbery, possession of arms without a licence, possession of ammunition without a licence, using firearms to resist arrest and attempting to shoot with intent to resist arrest. He was sentenced to four years on the robbery charge and five years on each of the other charges. The total sentence being nine years.

2. When the police constable realized that he was being robbed of his revolver he struggled with the appellant. He was struck on the head by the appellant with the revolver butt. At this point the cylinder of the revolver opened and some ammunition fell to the ground. The appellant broke free from the constable, closed the cylinder of the revolver, pointed it at the constable and pulled the trigger once. Although, as it turned out, there was still one round in the revolver, the revolver did not fire. The appellant appeals against his sentence.

3. We think that the totality of nine years for these offences arising out of this incident is excessive.

4. The appellant is 21 and has a clear record. However, we wish to make it perfectly clear that we consider that attempting to shoot a uniformed police officer is a very serious crime indeed. The police must be protected by the courts from incidents such as this.

5. We think the best course to take is to increase the sentences on the fourth and fifth charges from five to seven years. We will not interfere with the sentences passed on the first three charges but we order that all the sentences are to be served concurrently making a total of seven years instead of nine years.

	(Geoffrey Briggs)
	President.

Representation:

Miss M. Tam (D.L.A.) for appellant.

E. Soh for crown.