The Queen v. Lo San Wah

CACC000132/1991

BETWEEN

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Coram: Kempster, Power & Macdougall, JJ. A.

Date of Hearing: 1 August 1991

Date of Judgment: 1 August 1991

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JUDGMENT

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Kempster, J.A. (giving the judgment of the court):

1. On 7th March 1991, in the District Court, Lo San Wah, then aged 22 years, was convicted of robbery on his own plea. On 21st March Her Honour Judge Beeson sentenced him to 4 years imprisonment. Against that sentence he seeks leave to appeal.

2. The offence was committed in the early afternoon of 12th January 1990.The applicant and three others entered the premises of the Regal Fur Co. in Tsimshatusi produced customers. The applicant produced a knife and the salesgirl was tied up. About 15 minutes later, while furs were being put into plastic bags, the proprietor arrived unobserved. He slipped away and telephoned the police. Although the applicant and two others were arrested at or near the scene of the crime, the fourth, subsequently arrested, got away with the proceeds of the robbery which included 70 fur coats worth some $700,000, $20,000 in cash, jewellery and a cheque. Neither the furs nor the cash have been recovered.

3. The applicant had four previous convictions involving dishonesty for which he had been fined and committed to Detention and Training Centres. Accordingly, taking account also of his age, he was eligible neither for a further Detention nor a Training Centre order. He nonetheless complains that detention orders were made in respect of two of the other robbers, who were eligible and of previous good or better cnaracter, whereas he received the sentence of 4 years imprisonment.

4. In the circumstances that sentence fitted the crime. For a man with his record who, into the bargain, had breached his bail conditions this is an impudent application devoid of merit. The applicant is fortunate that the only order we propose to make is one dismissing his application.

Representation:

Lo San Wah, Applicant in person

Mr. S.R. Bailey (Crown Prosecutor) for Crown/Respondent