LAW KAM-YING v. THE QUEEN
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CACC000506/1980
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
CRIMINAL APPEAL NO. 506 OF 1980.
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| BETWEEN | ||
| LAW Kam-ying | Appellant | |
AND | ||
| THE QUEEN | Respondent |
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Coram: Hon. LIU, J. in Court.
Date of Judgment: 17 July 1980
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JUDGMENT
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1. I do not propose to call upon counsel for the Crown. You were convicted of the offence of assault with intent to rob. Your plea of guilty to the charge was duly taken into account. I have listened carefully to your address this morning, but the gravity of the offence is not a matter to be condoned.
2. You were convicted of robbery in 1978, and you were sent to a Detention Centre in October.
3. In this case, you attempted to rob the lady victim outside a lift on the ground floor of a building in Wyndham Street by hitting her on the head and kicking her after her fall to the ground.
4. The Training Centre Report recommended that you would require a period of institutional training. The probation officer was not in favour of any probation. There is no merit in your application for leave to appeal against sentence. You are 18 years' old, but you display more than your fair share of immaturity. At one stage before the learned magistrate, your demeanour caused some alarm, and a psychiatric report was sent for.
5. However, I would give you the benefit of doubt that your application may have possibly been induced by your inability to appreciate the gravity of the offence. Therefore, I would not consider ordering your sentence to run from any date other than that ordered by the learned magistrate. But you must be told in no uncertain terms that there is no merit in your application. For these reasons, your application for leave to appeal against sentence is dismissed, and the sentence passed on you by the learned magistrate is affirmed.
| (B. LIU) | |
| Judge of High Court |
Representation: