WONG WAI CHIK v. THE QUEEN
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CACC000830/1973
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 830 OF 1973
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| BETWEEN | ||
| WONG WAI CHIK | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, McMullin & Leonard, JJ.
Date of Judgment: 17th December 1973.
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JUDGMENT
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Huggins, J.:
1. This is an appeal against a sentence of three years' imprisonment for robbery. The Appellant pleaded Guilty in the lower court and the facts which he then admitted were as follows. At about 9.40 at night the Complainant, a man of about 39 years of age, was attacked in the street. The Appellant, the first Accused, grabbed the Complainant's neck while the second Accused punched him in the belly, searched him and took some property, including cash, from him. As a result of this attack the Complainant had to spend a night in hospital.
2. The Appellant opened his appeal by submitting that this case was "not of a very serious nature". We are not of that opinion. He went on to maintain that he did not intend to rob and did not know that there had been a robbery until after he returned home. His explanation of his conduct now is that it was raining and that the Complainant was carrying an umbrella which struck this Appellant, as a result of which a quarrel ensued. Nothing of this kind was apparently said in the lower court and we do not believe it.
3. The Appellant had a long previous record, including offences of robbery, wounding, possession of offensive weapons and an assault occasioning actual bodily harm. He had on three occasions been placed on probation and had been sent to a Training Centre.
4. In all the circumstances we think this sentence was very well merited and might well have been much heavier. This is an impudent appeal and we direct that the time spent in custody pending appeal shall not count towards his sentence.
17th December 1973.
Representation: