THE QUEEN v. CHAN KAM KEUNG

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JUDGMENT

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Yang, J.A.:

1. The Applicant was convicted of one count of conspiracy to rob for which he was sentenced to six years' imprisonment. He was also convicted of one count of robbery for which he was sentenced to ten years' imprisonment, the two sentences were to run concurrently.

2. Sometime between the 23rd and the 28th August, this Applicant together with four other co-accused made an agreement to commit a robbery by stealing cash from the cash escort of the Kowloon Motor Bus Company. It is noteworthy that it was within the contemplation of the conspirators that firearms were to be used.

3. The second count, namely the count on the robbery, was committed on the 17th December 1983 at a goldsmith shop. There the accused together with a number of persons robbed the shop of a quantity of gold ornaments. On that occasion, two of the robbers held pistols in the commission of the robbery, and the showcases in the shop were smashed.

4. Quite rightly, the trial judge took a serious view of the offences. In considering the sentence for this Applicant, he took into account the Applicant's plea of guilty and his co-operation with the police. He also took into account the Applicant's clear record. We do not think that the sentences imposed upon the Applicant are manifestly excessive. If one compares those sentences with the sentences passed on his colleagues who pleaded not guilty, it would appear that the judge had not given sufficient credit to this Applicant for his plea of guilty. It is for this reason and this reason alone that we allow the application, treat the application as an appeal against sentence and allow the appeal. We therefore quash the sentences on the two counts of conspiracy and robbery and substitute therefor a sentence of five years on the conspiracy and eight years on the robbery, the two sentences to run concurrently.