LAM SHIU-YEE v. THE QUEEN
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CACC000775/1978
| IN THE COURT OF APPEAL | |
| 1978 No. 775 | |
| (Criminal) |
| BETWEEN | ||
| LAM Shiu-yee | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.A., Leonard and Li, JJ.
Date of Judgment: 31st October 1978.
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JUDGMENT
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Huggins, J.A.:
1. This Appellant was charged on one charge of possession of an offensive weapon in a public place and two of robbery. He was arrested when, upon a search in the street, he was found to be carrying a four-inch knife. The learned judge thought that the minimum mandatory sentence was appropriate for that offence, that is to say a sentence of six months' imprisonment, and we see no reason to disagree. The robberies were committed by the Appellant on his own and not in a gang. That said, the circumstances are serious enough. The Appellant in one case met a woman and her daughter as they were leaving a flat, threatened them with a knife, took $100, and then forced them back into the flat where further property was stolen. The second offence was similarly one where he went into domestic premises and at knife point tied up the occupants and stole their valuables. For those offences the learned judge imposed concurrent sentences of four years' and five years' imprisonment, properly making them consecutive to the first offence of possession of an offensive weapon. The Appellant is twenty-five years of age and has a clear record. We have come to the conclusion that the overall sentence in this case was unduly heavy. Having regard to all the circumstances including his pleas of Guilty we reduce the sentences on Charges (2) and (3) to sentences of three years' imprisonment, which will be consecutive to the six months.
31st October 1978.
Representation: