R. v. LAW KAM YAN

IN THE COURT OF APPEAL

1993, No. 55
(Criminal)

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J U D G M E N T

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Litton, J.A. giving the judgment of the court:

1. This is an appeal against sentence. The appellant Law Kam Yan was convicted on 26 January 1993 on his own plea of seven counts of robbery. On six of them concurrent sentences of eight years were imposed and in relation to one of them a sentence of four years was imposed to run concurrently with the others, giving an overall sentence of eight years' imprisonment. These were lift robberies, which are all too frequent in this territory. The seven separate crimes occurred between 12 July 1991 and 23 September 1991.

2. At the time of the offences the appellant Law was 22 years of age and had a clear record. Technically each offence might have been treated as a separate offence attracting a separate sentence and he could have been sentenced consecutively in relation to each of the seven offences. Assuming that each offence attracted three years, which would have been lenient to the extent of absurdity, the cumulative effect would have been an overall sentence of 21 years and this would clearly have been too high. Accordingly, the only practical way of dealing with crimes of this kind is to look at the position overall. Sadly, this is the kind of case where the appellant in all probabilities would have continued on his path of crime and continued to commit similar offences until he was caught. This is the type of case where the judgment and experience of a trial judge becomes invaluable. Deterrence plays a greater part than rehabilitation of the offender.

3. We were referred by Mr. H.Y. Wong to Chung Man-kit Crim. App. No. 354 of 1989 which Mr. Wong submits is a case of lift robberies more serious than the present, where the defendant pleaded guilty to twelve counts and the victims were all females. In Chung Man-kit this court held that a starting point in the region of ten years would have been appropriate and a sentence of nine years overall imposed by the trial judge was reduced to seven years.

4. In our judgment in cases of cumulative robberies of this kind the important point to consider at the end of the day is the overall sentence imposed. Compared with Chung Man Kit it could be said that the sentence of eight years for the appellant in this case is harsh, but in our judgment not so harsh as to be manifestly excessive. One way of looking at it is simply to say that the trial judge, seeing the continuing problem of crimes of this kind which makes the lives citizens in the crowded areas of Hong Kong so worrying, decided to act on the harsh side as a deterrence to this appellant and to others. We see no ground for interfering with the sentence and the appeal is dismissed.

Representation:

Mr. A.A. Bruce, S.A.C.P. for Crown

Mr. H.Y. Wong instructed by DLA for Appellant