HKSAR v. YIM CHUN CHUNG

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

1998, No. 553
(HCMA)

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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 Appellant pleaded guilty to one charge of theft, one charge of being in possession of an offensive weapon and one charge of being in possession of Part I poisons. He was sentenced to a total of 16 months' imprisonment and appeals against his sentences.

2. The Appellant stole a necklace from a shop in the Times Square Complex. An alarm was raised and two salesmen pursued the Appellant. When they approached him he produced a paper cutter and threatened the men with it. The magistrate inspected the weapon and formed the view that it could inflict serious injuries if used. The police were called and the Appellant was subdued. It was ascertained that he and one of his pursuers had sustained minor injuries. They were taken to the Tang Siu Kin Hospital where a search was conducted and the pills referred to in the third count were found. The magistrate appears to have accepted that the Appellant had been treated with a similar medication but have obtained the pills from an unauthorised source.

3. Mr. Raymond Chan who represents the Appellant referred to a number of cases in support of his submission that the sentences were excessive. As has been pointed out on numerous occasions, the circumstances of different cases vary so much that limited assistance can be obtained from any attempt to undertake a comparative analysis.

4. Clearly the first two charges were the serious ones. In all the circumstances 16 months' imprisonment cannot be regarded as excessive. It was a heavy sentence but it is not one which justifies this court in interfering with it. The appeal is dismissed.