CHIU KIN WA v. THE QUEEN
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CACC000022/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 22 OF 1975
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| BETWEEN | ||
| CHIU KIN WA | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins & Pickering, JJ.
Date of Judgment 6th March 1975
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JUDGMENT
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Huggins, J.:
1. We have some anxiety about this case. The Appellant pleaded Guilty to a serious robbery. He and another man, who was armed with a large knife, threatened a man in the middle of the night and the Appellant took away his property. A passing detective was also threatened and clearly it was intended to rob him also. He, however, drew his revolver and eventually this Appellant was arrested.
2. In mitigation in the lower court the Appellant complained that because he had to send money to his sick grandfather and his unemployed father he had no alternative but to do what he did. The learned judge rightly pointed out that that was no excuse for such conduct, but he accepted that this Appellant was slightly less culpable than the man who actually held the knife and used it to threaten the victims. A sentence of three and a half years' imprisonment was imposed.
3. The factor which impresses us most is that the Appellant is still only 18 years of age, although it is to be noted that he already has a bad record involving several convictions of a violent nature. He has been to a training centre and, for an offence of professing to be a member of a triad society, he was conditionally discharged. He has so far not had had any long sentence of imprisonment.
4. We have debated long whether to interfere in this case at all, but we are inclined to think that this sentence is just outside the bracket of reasonable sentences for this offence. Having regard to the circumstances of the offender himself had the sentence been one of three years' imprisonment we might well not have interfered, but, as it is, erring (if at all) on the side of mercy we shall allow this appeal and reduce the sentence to one of two and a half years' imprisonment.
6th March 1975.
Representation: