THE QUEEN v. WONG KWAI SUN

CACC000235/1986

IN THE COURT OF APPEAL

1986, No. 235 (Criminal)

BETWEEN

THE QUEEN   and   WONG KWAI-SUN _________________

Coram: Sir Alan Huggins, V.-P., Kempster, J.A. & Addison, J.

Date of Hearing: 29th August 1986

Date of Judgment: 29th August 1986

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JUDGMENT

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Sir Alan Huggins, V.-P.:

1. This is an application for leave to appeal against sentence of five years' and three years' imprisonment for robbery and assault with intent to rob. The offences were very closely connected. They were committed in or near a lift and in each instance the Defendant grabbed the victim by the neck. The second victim struggled and prevented the robbery.

2. The Applicant had previous convictions and the learned judge described his record as a "disgraceful" one. In 1984 he was convicted of eight robberies, an attempted robbery, two woundings, two indecent assaults and a common assault all at the same time.

3. We asked for a social welfare report. It shows that the Applicant deserves little credit for his past life. Nevertheless he is only nineteen years of age and we incline to the view that the judge did not give sufficient weight to the plea of guilty. Accordingly we allow this application and, treating this as the appeal, substitute on the 1st charge a sentence of four years imprisonment.

29th August 1986

Representation:

Appellant in person.

Bruce for Crown.