KWAN SAN-SO v. THE QUEEN
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CACC000196/1972
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 196 OF 1972
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| BETWEEN | ||
| KWAN San-so | Appellant | |
| and | ||
| The Queen | Respondent |
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Coram: Mr. Justice Leonard in Court.
Date of Judgment: 27th April, 1972.
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JUDGMENT
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1. In this case the appellant was arrested in the street when he was found in possession of an expensive watch and a ballpoint pen. He candidly admitted that he had obtained this watch and pen in a staircase robbery in which violence has been used by the appellant or one of his colleagues when the victim has been grabbed by the neck, and his watch stolen together with money. The appellant admitted 2 other staircase robberies committed in precisely the same way. He is a young man of 22 and he has several previous convictions. He has been on probation. He has been to the training centre. He has been given a conditional discharge on a charge of larceny of fixtures. He has been to a drug addiction centre twice and his sole sentence of imprisonment was one of 6 months for possession of dangerous drugs. Leniency has been extended to him in the part he learned Magistrate in this case imposed 3 sentences of imprisonment each of 9 months and each to be consecutive. It is obviously high time that a long sentence was imposed on this appellant in order to make him to realize the seriousness of his position. At the same time these robberies would not have come to light had it not been for the frank admission of the appellant when questioned by the police in connection with the ownership of the watch. He has been equally frank with me when he admitted that some degree of violence was used in each of the staircase robberiea and that they were carried out by two or more. In all the circumstances of the case, I am of the opinion that these offences call for concurrent rather than consecutive sentences. However I did not think that a sentence of 9 months altogether would be sufficient deterrent to this appellant. I accordingly allow this appeal to the extent that the sentence on each charge shall be increased to one of 18 months imprisonment the sentences to be concurrent rather than consecutive.
Representation: