LAI SIU-KEUNG v. THE QUEEN

Date: 28th January 1983

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JUDGMENT

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Barker, J.A.:

1. In this case the applicant, LAI Siu-keung, seeks leave to appeal against his sentence.

2. He was sentenced on the 5th November 1982 to a term of three years' imprisonment on the charge of theft. The judge, moreover, ordered that a suspended sentence of nine months which had been imposed upon him on the 7th July 1981 should be activated and should run consecutively to the period of three years' imprisonment.

3. What happened was that the applicant snatched a gold necklace from a woman's neck and ran off. The lady gave chase and eventually the applicant was caught with the gold necklace on him.

4. The victim was not injured in any way and no kind of weapon was either used or produced by the applicant.

5. The applicant pleaded guilty although he had little choice to do otherwise. The applicant makes the, point that he had never previously been convicted of theft and that is correct, though he does have two previous convictions a considerable time ago for going equipped for stealing.

6. Bearing in mind what he has told us and the facts of the case and the record, we are of the view that three years' imprisonment is too long.

7. We grant leave to appeal against sentence. We substitute a sentence of two years' imprisonment for the theft and the suspended sentence will continue to be activated and will run consecutive to the two years making a total, therefore, of two years and nine months.

Representation:

Applicant in person.

Mr. J.G. Bolton for Crown/Respondent.