WONG PIK CHUN v. R.

IN THE COURT OF APPEAL

1993, No, 707
(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 application for leave to appeal against sentence by Miss WONG Pik-chun who was 23 years old when she was convicted in November 1993 on one charge of robbery. She pleaded guilty to that charge and was sentenced to two and a half years' imprisonment.

2. The robbery occurred on 27 June 1992 when together with one TANG Tik-hung, the second defendant, they robbed a victim of a gold bracelet at the Chow Sang Sang Jewellery shop at Castle Peak Road. The victim was threatened by the two defendants and surrendered cash and a credit card and with the use of the credit card, a gold bracelet was bought and this applicant then left the shop with the bracelet.

3. This applicant had a clear record. The probation report showed that she left school after Form 2 and had various jobs but had no employment since about the end of 1990. She ceased living at home some time later and was then kept by a number of boy friends. At the time of the robbery in June 1992 she was partially supported by the second defendant, and seemed to have been living in various apartment houses with no fixed abode. Since about 1990 she had been a drug addict; probation was not considered suitable for her. Plainly an immediate custodial sentence was in principle appropriate in this case.

4. The judge took a starting point of three and a half years and in view of the guilty plea discounted it to two and a half years. We do not consider imprisonment of two and a half years in the circumstances manifestly excessive and the application is refused.