YIP SIU-TUNG v. THE QUEEN

CACC001028/1977

 

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

 

CRIMINAL APPEAL NO. 1028 OF 1977

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BETWEEN
	YIP Siu-tung	Appellant
	and
	The Queen	Respondent

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Coram: O'Connor, J. in Court

Date of Judgment: 1st October, 1977

 

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JUDGMENT

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1. The appellant was convicted on his plea of guilty to a charge of robbery. He appeals against sentence. The victim a 56 years old man had drawn a large sum of money in cash from the bank and was on the way back to his factory to pay his workers as he was walking down a side lane alongside a factory, the appellant came upon him from behind, grabbed him by the neck put a knife to his throat and ordered him to hand over his money. The appellant went through the victim's pockets and removed a sum of $10, 110/-, at which stage the victim struggled, some persons came upon the scene and the appellant ran but was caught after a chase in possession of the money. The learned magistrate called for various reports which in effect recommended he be sent to a detention centre.

2. The appellant who is aged 22 years entered Colony from China as an illegal immigrant in 1973. He left behind him in China a wife and young son whom he had not informed beforehand of his departure for Hong Kong. His employment in Hong Kong has not been regular but he was working as a jade carver at the time of his arrest and earning $600-$1000/- a month. He makes occasional remittances to China. He has no relatives in Hong Kong except an elder brother who does not show much interest in him. He has a clear record. The circumstances of his arrest were such that his plea of guilty was more or less the recognition of the inevitable and is not in the circumstances a mitigating factor of much weight.

3. There is provision now for a detention order in respect of men up to the age of 25 years, and the learned magistrate made such an order in this case. I consider it was not a case for a detention order but for a prison sentence. The appellant is not an immature youth or young man but a married adult and father who sought out the bright lights of Hong Kong. At the time of the offence he was in employment and his circumstances did not drive him to crime in order to keep body and soul together. He held a knife at the victim's throat in order to rob him. In my view a mature person who acts in that manner should go to prison unless there are exceptional circumstances enabling one to take a more lenient view. It should be known that mature persons will go to prison for such behaviour even if they are of previous good character. Accordingly I set aside the detention centre order and sentenced the appellant to two years' imprisonment which is the maximum open to me on appeal from a magistrate.

 

 

	(R. O'Connor)
	Judge of the High Court

 

Representation:

Appellant in person.

Chandler C.C., for Crown/Respondent.