R. v. AU YEUNG CHI MAN

IN THE COURT OF APPEAL

Criminal Appeal No. 10/96

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J U D G M E N T

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Liu, J.A.

1. The Applicant faced two charges of robbery, one committed on 10th February 1994 and the other 22nd February 1994. A small knife was used and the robbery took place in a public carpark. He pleaded guilty to the charges.

2. He was convicted on his own pleas and the judge sentenced him to 5 years each for the two charges. His guilty pleas were taken into account. The judge also bore in mind that he had absconded in respect of the original trial. Having allowed the Applicant a discount for his pleas in the circumstances as known to the judge, he was given five years in each of the charges and six months in the sentence for the second charge was ordered to run consecutively to that of the first. In total, the Applicant was sent to prison for five-and-a-half years.

3. In his grounds of appeal, the Applicant sets out his personal circumstances including his age and the fact that he was a first offender. These together with his sense of remorse were considered by the trial judge. The sentences passed on the Applicant are in no way manifestly excessive nor are they wrong in principle.

4. Consequently his application for leave to appeal against sentence is denied. Application dismissed.