R. v. LEUNG WAI MAN

CACC000011/1995

IN THE COURT OF APPEAL

1995, No.11
(Criminal)

______________

 

BETWEEN
	THE QUEEN
	AND
	LEUNG WAI-MAN

______________

 

Coram: Hon. Power, V.-P. and Mortimer, J.A.

Date of hearing: 9 June 1995

Date of judgment: 9 June 1995

__________________

J U D G M E N T

__________________

 

Power, V.-P.(giving the judgment of the Court):

1. The applicant in this matter faced one charge of robbery. It alleged that she and Lee Yuk-hing, who was her mother, on 28th May 1993 inside a lift in Lai Law House, Lai Kok Estate, robbed Yip Yim-ming of a gold necklace and a gold pendant. She was caught immediately after the robbery while still carrying a knife. The robbery was pursued with some vigour as the woman victim was injured when she resisted. It was only because an off-duty policeman was nearby when the hue and cry was raised that the applicant was immediately apprehended.

2. The judge when sentencing took the plea of guilty into account although he was mindful that she had been caught red-handed in possession of the knife. He stated that robberies of this kind committed by adults call for a sentence of between four to five years. Indeed he took a lenient view as offences of this kind would normally call for a sentence in excess of five years. The starting point was, therefore, a low one. However this was balanced to some extent by the fact that he gave a not very substantial discount reducing the starting point to a sentence of three years. This was probably done because of the view he took, understandably, that the applicant was caught red-handed and had little alternative but to plead. In the outcome she received a lenient sentence for a serious offence. There is no merit in anything that she has urged before us today. She suggests that the offence was committed for the sake of her mother and that family considerations warrant a further reduction of it. We reject those submissions. The application for leave to appeal against sentence is refused and we order that there be a loss of time of three months.

Representation:

Mr. D.G. Saw, S.A.C.P. (Crown Prosecutor) for Crown/Respondent.

Applicant in person.