THE QUEEN v. NG CHUN FAI

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JUDGMENT

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

1. The applicant, who is aged about 22, pleaded guilty before Her Honour Judge Chua in the District Court on 22nd August last year to the offence of robbery and also to resisting a police officer in the execution of his duty. He was sentenced to 4 years' imprisonment for the robbery and to 1 month consecutive on the second charge. He now seeks leave to appeal against his sentences.

2. In his grounds of appeal he says that the judge did not take into account the fact that he had pleaded guilty. He says that he is a drug addict and had no alternative but to commit the offence to satisfy his urge for drugs. He points out, however, that he did not injure anyone or use force. He adds that he has to look after his old parents and was determined to turn over a new leaf.

3. Just after midnight on 14th/15th March 1989, three men of whom the applicant was one, stopped a man and a woman who were walking together through a subway near the Shan King Estate. The couple tried to ignore the three men but they were surrounded by them, and one of the men (not the applicant) threatened the victims with a knife who handed over a total of $300 to the man with a knife; and the third man, (again not the applicant) snatched a gold bracelet from the wrist of the woman. The three men then jumped into a taxi and fled. There was a chase by the police and when they were caught the applicant and the other two men resisted arrest.

4. The judge made it clear that she had taken into account the fact that the applicant had pleaded guilty and had therefore saved some Court time. She also indicated that she had taken into account the facts that the victims were not injured and the property was recovered.

5. The applicant has two convictions for loitering and one for possessing dangerous drugs. It cannot be said that the sentence was too severe. Members of the public must be able to walk through subways without being accosted by men like the applicant. The application is refused.