Lo Wai Keung v. The Queen
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IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 100 OF 1973 -----------------
----------------- Coram: Huggins, McMullin and Pickering, JJ. ----------------------------- JUDGMENT ----------------------------- Huggins, J.: 1. The Appellant applies for leave to appeal against his sentences. He was sentenced to a total of 4½ years’ imprisonment. There were four charges of robbery (for which he received 2 years’, 1½ years’, 1 years’ and 1½ years’ imprisonment, the last two terms being concurrent with the others) and one of assault with intent to resist his arrest and one of taking a conveyance without authority (for each of which he received 6 months’ imprisonment consecutive). 2. He has an appalling record dating back to the age of 13 years. The majority of the previous convictions, it is true, relate to the unlawful driving of motor vehicles and they, therefore, are similar to the sixth charge in the present case. It is unfortunate that in his address to us the Appellant’s attitude has been indicated to be that he is not prepared to try to go straight until he is shown extreme leniency. He has, in fact, been given a very good chance to go straight, because he was for his first conviction of larceny sent at first to the Castle Peak Boys Home, although he obviously did not behave himself as could have been wished because he was later transferred to a Training Centre. Shortly after his release he was recalled to the Training Centre for a further offence. There was and is nothing to prevent this Appellant from going straight whenever he was released from prison or when he is released on this occasion. In our view the sentences imposed here were proper sentences and there is no ground upon which we could interfere. The application for leave to appeal is refused. 28th March, 1973 |