YIP KAM-HOI v. THE QUEEN
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CACC000715/1982
| IN THE COURT OF APPEAL | 1982, No. 715 |
| (Criminal) |
BETWEEN | ||
| YIP Kam-hoi | Appellant | |
| AND | ||
| The Queen | Respondent |
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Coram: Roberts, C.J., Li & Silke, M.A.
Date: 22 October 1982
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JUDGMENT
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[Sentence: Allowance made for voluntary surrender three years-after offence.]
Silke, J.A.:
1. The applicant seeks leave to appeal against sentences passed in respect of two robberies and one attempted robbery. The sentence in each case is one of 5.5 years' imprisonment concurrent.
2. The offences took place in October, November and December of 1979 - all in the branches of the Hong Kong & Shanghai Bank, where he produced a note which contained the threat of the use of a gun and a demand for $20,000.
3. On the first occasion he got $21,000, On the second occasion he received $9,500. On the third occasion the alarm was sounded, the teller ducked underneath the counter, and the applicant ran away without receiving anything.
4. He has directed our attention to his financial difficulties at the time of the offence and the pressure placed upon him to ransom - if I may use that word - his mother who had arrived here as an illegal immigrant. But financial pressure, even of that kind, cannot excuse criminal activities.
5. The real point in his favour is that he did, of his own volition, surrender himself approximately three years after he committed the last of the offences. He has submitted that his sentence, which was a reasonable one if on the high side, would frighten off people who would wish to surrender in like circumstances. We are prepared to give weight to that which, for once, seems to have been a genuine sense of remorse. For that reason only - for those who commit offences of this nature and who are caught in the process of it need not, think that a sentence of 5.5 years would be thought to be wrong in principle we are prepared to be merciful.
6. We grant the application for leave to appeal; allow the appeal; quash the sentences of 5.5 years' imprisonment and substitute therefor sentences of 4 years' imprisonment on each of the charges to run concurrently.
Representation:
Applicant in person
J.W. Dick for Crown/Respondent