CHAN HON CHIU AND ANOTHER v. THE QUEEN
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CACC000412/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 412 OF 1975
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| BETWEEN | ||
| CHAN HON CHIU | Appellants | |
| YU KWONG MING | ||
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins & McMullin, JJ.
Date of Judgment: 30th July 1975.
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JUDGMENT
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Huggins, J.:
1. We have dismissed the application for leave to appeal against conviction but there remains the appeal against sentence.
2. This was a serious robbery by several armed men in which people in a restaurant were put in terror. However, the Appellant is only 17 years of age. In spite of that he has two previous convictions for robbery and there is a suspended sentence now in existence of six months for the defilement of a girl between the age of 13 and 16. The learned judge appears not to have had regard to that last suspended sentence. He imposed the same sentence on this Appellant as on the other Defendant, who was considerably older and who had a more serious criminal record.
3. We think that the learned judge did not sufficiently allow for the fact that this Appellant was younger than his co-defendant. In all the circumstances we think that the proper course is to substitute a sentence of three and a half years' imprisonment for this offence and to activate the suspended sentence to run consecutively.
4. We so order.
30th July 1975.
Representation: