HUI SUNG KAM v. THE QUEEN
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CACC000017/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 17 OF 1975
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| BETWEEN | ||
| HUI SUNG KAM | Appellant | |
| and | ||
| THE QUEEN |
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Coram: Huggins & Pickering, JJ.
Date of Judgment 3rd March 1975
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JUDGMENT
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Huggins, J.:
1. This is an appeal against a sentence of 5 ½ years' imprisonment for robbery. There was nothing particularly unusual about this offence, The victim was attacked in the street at 2 o'clock in the morning, money was demanded from him and he handed over $15. The Appellant was not satisfied with that and threatened that he would stab the victim if he did not hand over more. Thereafter further property changed hands. Fortunately a police car happened to pass at that moment and eventually the Appellant was arrested. He had in his possession a knife which was 4 inches long.
2. The Appellant was tried and he pleaded guilty from the start. He is man who has previous convictions for robbery as well as for other offences. including one of wounding and one of possession of arms without a licence. In out view this sentence was unduly heavy. The longest sentence given to the appellant for robbery in the past is one year's imprisonment. That, perhaps, was a light sentence: we do not know, It would not have impressed upon the Appellant the seriousness of the crime of robbery.
3. In all the circumstances we think that a sentence of 3 ½ years' imprisonment would have been appropriate in the present case. We treat this as the hearing of the appeal, allow the appeal and substitute a sentence of 3 ½ years' imprisonment.
3rd March 1975.
Representation: