LEE TO-TUNG AND ANOTHER v. THE QUEEN

CACC000684/1976

 

IN THE COURT OF APPEAL	1976 No. 684
	(Criminal)

 

BETWEEN:
	LEE TO-TUNG	Appellants
	LEE WANG-HIM
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 24th December, 1976.

 

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JUDGMENT

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1. The two appellants were each found guilty of one charge of blackmail and one charge of robbery and were each sentenced to three years' imprisonment in respect of each of these offences. However, the sentences were ordered to run concurrently, so each appellant faces a total sentence of three years' imprisonment. The appellants appeal against conviction and sentence.

2. This case arises out of a poker game in which the two appellants and the victim mentioned in the two charges, one LUK Kwok-chun, a female, and others were involved. After this game the parties repaired to a restaurant and it was there that a demand was made from LUK Kwok-chun of certain sums of money and where the robbery took place.

3. We dismissed the appeal against conviction in each case.

4. The appellants were originally charged with no less than sixteen separate offences arising out of the particulars referred to in the first and second charges. However, they were only found guilty of the two offences referred to above.

5. It is true that there was some evidence that the appellants had at least a triad society connection. However, they were neither of them charged with being a member of a triad society or any kindred offence.

6. We think that in the particular circumstances of the case, a sentence of three years passed on each of the appellants was excessive and so we reduce each sentence on each of the appellants to eighteen months' imprisonment. The result will be that each appellant will serve a sentence of eighteen months' imprisonment and not three years.

 

 

	(Geoffrey Briggs)
	President.

 

Representation:

Herman Poon (D.L.A.) for both appellants.

Little for the Crown/Respondent.