Cheng Yan Hing v. The Queen
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IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 26 OF 1973 -----------------
----------------- Coram: Huggins, McMullin and Pickering, JJ. ----------------------------- JUDGMENT ----------------------------- Huggins, J.: 1. This is an appeal against sentence pursuant to leave granted by the single judge. The Appellant pleaded Not Guilty to robbery and Guilty to possession of an offensive weapon, the offence being alleged to have been committed on consecutive days. Upon his trial he was found Guilty of the robbery and he was sentenced to two years’ imprisonment on the first charge and six months’ imprisonment consecutive on the second charge. 2. The Appellant was arrested in the street after he had been searched and a pen-knife found in his possession. It was a small knife, of a type which is commonly carried and which, by itself would not appear to be an offensive weapon. However, when questioned by the police the Appellant admitted that he had it for the purpose of “pulling a job”. He then came under suspicion of having committed the robbery on the previous day. This was a robbery of a woman in a lift by the Appellant armed with a knife, and the victim identified this knife. 3. The Appellant had a bad previous record, although there was no previous conviction for an offence of violence. Nevertheless, armed robbery is a very serious offence and it may well be that the Appellant was fortunate that the sentence on the first charge was not heavier. We see no reason to interfere with the sentences which were in fact passed. It may be mentioned that the Appellant was earning $900 a month at the time he committed this offence, although he says that he was wanting money to remit to his family in China. 4. The appeal is dismissed. 28th March, 1973 |