Chan Tat Bun v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 232 OF 1973

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JUDGMENT

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1.  The Appellant pleaded Guilty to two charges of robbery and now appeals against sentences of one year’s imprisonment consecutive on each of these charges.

2.  The Appellant appears to have been the leader of a gang of five who at 9:45 in the evening surrounded a man and his wife waiting for a taxi.  The Appellant put the victims in fear by making as if to take something from one of his pockets and the victims were then relieved of their property.  Half an hour later the Appellant and four other men waylaid a young man and his girl friend.  The Appellant told them not to cry out and demanded that they hand over their property.

3.  The Appellant has been convicted on three previous occasions.  On the first occasion he was bound over to be of good behaviour, on the second he was put on probation for twelve months and on the third he was sent to a Training Centre. These efforts to persuade him to reform have been unavailing and, if anything, I think the present sentences were lenient.  All that the Appellant has said before me is that the other Accused received different sentences: two of them were sent to a Detention Centre and one was sent to a Training Centre.  Those punishments were clearly not suitable for the Appellant and, as I have indicated, it may reasonably be concluded that the Appellant was the leader of this gang. 

4.  The appeal is dismissed.

25th April 1973.