R. v. CHAU YAU MAN

IN THE COURT OF APPEAL

1996, No. 340
(Criminal)

--------------------

----------------------

J U D G M E N T

----------------------

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

1. This is an application for leave to appeal against sentence.

2. The applicant pleaded guilty to two charges in the District Court. When he appeared before the court there was a question raised as to his age. The matter was adjourned for a medical report. On the findings of that report, which this applicant accepted, the judge sentenced the applicant on the basis that he was 18 years of age at the time of conviction. The sentencing occurred on 3 June 1996.

3. The two charges to which the applicant pleaded guilty were: (1) robbery and (2) remaining in Hong Kong without the authority of the Director of Immigration contrary to section 38(1)(b) of the Immigration Ordinance, Cap 115. In relation to the robbery charge he was sentenced to four years' imprisonment and in relation to the s38(1)(b) Immigration Ordinance charge he was sentenced to six months' imprisonment to be served consecutively, making a total of four years and six months.

4. The robbery occurred on 1 October 1995 in a 2/F flat at Yim Tin Kok Village in Tsing Yi. The applicant and another man gained entry into the flat at about 3 a.m., went into the bedroom and threatened the female victim who was in bed. The applicant was wielding a chopper. The two assailants started ransacking the flat when the man came home. He was set upon by the assailants. Accordingly, there were two victims. They were tied up and gagged and a quantity of valuables and cash were then stolen from the flat.

5. The applicant had entered Hong Kong illegally from Shenzhen some time before the robbery.

6. The applicant claims in mitigation that, having come from China, he was forced to rob. This is no mitigation. This community will not tolerate crimes of violence of this nature. The sentence was neither excessive nor wrong in principle. The application for leave to appeal is dismissed.