YIP CHI-HAO v. THE QUEEN

CACC000350/1973

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 350 OF 1973

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BETWEEN
	YIP Chi-hao	Appellant
	and
	The Queen	Respondent

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Coram: Trainor J. in Court

Date of Judgment:24 May 1973

 

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JUDGMENT

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1. The appellant, who is aged 18, appeared before the Magistrate's Court on the 28th of February 1973 on two charges: one of robbery on the 19th of February 1973; and a second of assault with intent to rob on the 23rd of February 1973. To both of these charges he pleaded guilty and was sentenced to twelve months and eighteen months imprisonment respectively.

2. The facts are as follows:

3. On the 23rd of February 1973 at about 21.15 hour a young man was grabbed and money was demanded from him. He put up a very spirited resistance but was finally subdued. However before his attackers could obtain anything from him they were disturbed by passers-by and fled. The victim was quite severely injured and was taken to hospital. He was detained there for 2 days and eventually discharged on the 25th of February.

4. On the 26th of February the appellant was arrested in connection with the affair and during interrogation by the police he made a statement in which he confessed to the offence which became the subject of the robbery charge. The robbery took place on the 19th of February 1973. The victim was walking along Castle Peak Road when he was approached by four youths, one of whom was the appellant. One of the youths grabbed the victim while another searched his pockets and removed some currency. In addition, the victim's watch, identity card and driving licence were taken. It was the appellant who searched the victim's pockets.

5. The appellant appealed against the sentences imposed.

6. With very considerable hesitation, I decided to reduce the penalty of eighteen months to one of twelve months. I was very reluctant indeed to interfere with the penalties imposed by the learned magistrate who clearly gave considerable attention to all the facts surrounding these two charges and I would not have done so were it not for one observation of the learned magistrate. In imposing the penalty of eighteen months on the charge of assault with intent to rob the learned magistrate said that it appeared to be the more serious offence but added that it was also an offence subsequent to the charge of robbery. That is a matter that in my opinion ought not to have been taken into consideration at all; it was not a previous conviction. For this reason and because of the youth of the accused I decided, as I said with great reluctance, to reduce the penalty from eighteen months to twelve months.

7. I allow this appeal to that extent.

 

 

	(J.P. Trainor)
	Puisne Judge

 

Representation:

Appellant in person

Mr. Macdougall, Ag.Asst.P.C.C. for Respondent