R. v. KO KAM FAI
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CACC000038/1996
IN THE COURT OF APPEAL
1996, No. 38
(Criminal)
| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| KO KAM FAI | Applicant |
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Coram: Hon Power, V.-P., Mortimer and Mayo, JJ.A.
Date of hearing: 31 May 1996
Date of judgment: 31 May 1996
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J U D G M E N T
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Mayo, J.A. (giving the judgment of the Court):
1. The applicant seeks leave to appeal against the sentence of 2 years' imprisonment imposed upon him for robbery.
2. It was quite a bad lift robbery. An elderly lady who was using the lift was grabbed and manhandled by the applicant who relieved her of her gold necklace. As a consequence of this attack she was hospitalised for four days.
3. Neighbours hearing the cries for help from the victim responded and the applicant was apprehended at the scene. He pleaded guilty to the offence.
4. In the grounds of appeal which are before us the applicant refers to his difficult family circumstances and the hardship he suffers as a consequence of his detention.
5. Before us he emphasised his desire to turn over a new leaf. As we have said this was a bad lift robbery and it could be said that the sentence which was imposed was an extremely merciful one. There can be no justification for us to reduce it in any way.
6. The application is dismissed.
| (N.P. Power) | (Barry Mortimer) | (Simon Mayo) |
| Vice President | Justice of Appeal | Justice of Appeal |
Representation:
Ms Crabtree, DPCC for Crown Prosecutor
Ko Kam Fai- Applicant in person/present