WONG KWOK-KEUNG v. THE QUEEN
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CACC000004/1979
IN THE COURT OF APPEAL | 1979 No.4 |
| (Criminal) |
| BETWEEN | ||
| WONG Kwok-keung | Appellant | |
AND | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.A., Cons and Yang, JJ.
Date of Judgment: 14 December 1979
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JUDGMENT
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Huggins, J.A.:
1. This Appellant was convicted on five charges. He was charged on six. He was convicted of assault with intent to rob, of three charges of blackmail and a charge of conspiracy. He was acquitted on one charge of blackmail. The offences started with the assault with intent to rob. On the following day a telephone call was made to the firm whose money there had been an attempt to steal and the company was told that they had not heard the end of the matter. There were subsequent telephone calls, these being the blackmail offences, and, finally, there was a conspiracy to steal the money which had been demanded in the last blackmail charge.
2. The learned judge passed sentences of three years' imprisonment on the assault with intent to rob, three years' imprisonment concurrent on the three charges of blackmail and two years' imprisonment consecutive on the conspiracy charge, making a total of five years' imprisonment. It is objected that the last sentence in respect of the conspiracy should not have been consecutive. It is also suggested that the sentence itself on the blackmail charges was wrong and was unduly harsh. In our view the total sentences were correct. All we wish to say is that we think it was probably unfortunate that the sentences of blackmail were not distinguished from the sentences for the assault with intent to rob, if there were going to be any consecutive sentences at all. We think that it probably would have been better had the sentences been three years for the assault with intent to rob and two years on each of the other charges concurrent with themselves but consecutive with the first charge.
3. We say nothing more than that that the application for leave to appeal against the sentence is dismissed.
14th December 1979.
Representation:
Barretto (D.L.A.) for Appellant.
Mrs. Jewkes for Crown/Respondent.