THE QUEEN v. LAH TSUNG HING
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CACC000469/1986
| IN THE COURT OF APPEAL | 1986, No. 469 (Criminal) |
BETWEEN
| THE QUEEN | Respondent | |
| AND | ||
| LAM TSUNG HING | Applicant |
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Coram: Hon. Li, V.-P., Hon. Power & Hon. Penlington, J.J.
Date of hearing: 30 December 1986
Date of delivery of judgment: 30 December 1986
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JUDGMENT
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Power, J.
1. This applicant was sentenced to imprisonment for three years on a charge of attempted robbery. The attempted robbery, which took place at the premises of a household utensil wholesaler in the Wing Mung Industrial Building in kwai Chung, was carried out by this applicant and two others on the evening of 13th December 1985.
2. The robbers, having gained entry, menaced the two young women on the premises with a melon. knife. Shortly thereafter a factory worker came on the scene. He as slashed on the neck with a knife but he managed to escape and raise the alarm. The applicant and the other two then fled.
3. It was a serious case in so far as a knife was used and a wounding occurred. The trial judge his reasons for sentence considered all of the surrounding circumstances and, quite properly indicated that the offence was such as to require a substantial prison sentence. He took into account also that the applicant had a previous criminal record which included a burglary, a theft and a robbery. He said that the sentence he imposed was low as he had sent one of the other accused to a detention centre and one to a training centre.
4. The grounds raised by the applicant are that the sentence was excessive in comparison with, as he phrases it, "other similar cases". I take it that here he is referring to the sentences that were imposed upon the other two defendants. He also urges the Court to take into account that he has to support his parents and his brothers and sisters.
5. Having considered all these matters, we are satisfied that the sentence was a perfectly proper one. Indeed, given the seriousness of the offence and his previous record, the applicant was fortunate that the trial judge imposed only 3½ rears. This vas so, as I have already indicated, because of the sentences, to detention centre and to training centre, that were imposed upon the other two accused. There is no merit of any sort in this application and it is refused.
Representation:
Mr A.A. Bruce and Mr. Stephen Wong (Crown Prosecutor) for the Respondent
Applicant in Person