HO SAN v. THE QUEEN
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IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 27 OF 1973
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| BETWEEN | ||
| HO SAN | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, McMullin and Pickering, JJ.
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JUDGMENT
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Huggins, J.:
1. The Appellant pleaded Guilty in the District Court to robbery. He was sentenced to two years’ imprisonment and now appeals against that sentence pursuant to leave granted by the single judge. He and another man robbed a man, who was waiting outside a public toilet. They were armed with a knife. They robbed him of a sum of money and a watch, after which they filed.
2. The Appellant is only 18 years of age but he has been twice before the court previously. In 1971 he was placed on probation for twelve months for possession of an offensive weapon. However, in 14 months he was in breach of the probation order and was thereupon bound over in the sum of $500 to be fo good behaviour for two years with two sureties. He is, of course, now in breach of that bond. No actual violence was committed at the time of the robbery, but it is obvious that violence was threatened and, in our view, this was a proper sentence and the appeal is dismissed.
28th March, 1973