WONG KA-TUNG v. THE QUEEN
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CACC000794/1974
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 794 OF 1974
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| BETWEEN | ||
| WONG Ka-tung | Appellant | |
| and | ||
| The Queen | Respondent |
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Coram: Huggins, McMullin and Pickering, JJ.
Date of Judgment: 5th December, 1974.
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JUDGMENT
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Huggins, J.:
1. The Appellant appeals against two sentences of 4 ½ years' imprisonment concurrent on charges of robbery. One of the offences was a particularly mean one - when a man was robbed when he was in a public lavatory. In each case there were two robbers, no weapons were produced and, although the advocate for the Appellant in the court below said there was "some violence but nobody injured", it would appear that such violence as there was was minimal and consisted of searching the victims.
2. The Appellant has a record of previous convictions, including two for robbery with aggravation, but for those offences he received 9 months' imprisonment concurrent and he has had no long period of imprisonment for any of the offences of which he has been convicted.
3. Each member of the Court is of the view that had he been sitting at first instance he would have passed a total sentence of 3 to 3 ½ years. Taking everything into consideration we, after some hesitation, are of opinion that these sentences are manifestly excessive and they will be reduced to 3 years' imprisonment on each charge concurrent.
5th December, 1974.
Representation: