JIM CHI HUNG v. THE QUEEN

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 198 OF 1973

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JUDGMENT

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1.  The Appellant was charged before the magistrate with robbery. There were two other Defendants in the same case. The Appellant is 18 years of age. The other two were 15 and 14 years of age. The three of them approached four people in the Castle Peak Road and the Appellant actually struck one of them. He and his accomplices demanded money and took it. Although there were only three persons charged, the evidence was that there was a number of others hovering in the background, which may account for the absence of resistance.

2.  The learned magistrate had before him a number of reports which showed that the Appellant is in great need of supervision.  To none of those who interviewed him did he appear to show much remorse for what he had done and it transpires that the Appellant has a triad affiliation.  The learned magistrate thought that the offence itself called for a custodial sentence, particularly as this Appellant appeared to have led the other two youngsters astray and had himself  been guilty of violence.  In mitigation the Appellant has urged his family circumstances.

3.  In my view the sentence which was passed was the correct one.  It is a pity that the Appellant did not think of the consequences to his family before he embarked upon this crime. 

4.  The appeal is dismissed.