CHOY SHEUNG TSE v. R.

IN THE COURT OF APPEAL

1993, No. 684
(Criminal)

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J U D G M E N T

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Litton, J.A., giving the judgment of the court:

1. This is an application for leave to appeal against sentence out of time. The applicant Choy Sheung-tse was convicted on two counts of robbery by Ryan J on 4 November 1993 after trial by jury. He was sentenced to a total of nine years' imprisonment.

2. In count 1 the applicant was one of four men who entered a flat at Shiu Fai Terrace on 7 December 1991 at about 11 am. Two of the men were armed with knives. A maid, the sole occupant at the time, was held by the neck, tied up with curtain cords and the flat was ransacked. Valuables worth over $600,000 including vases and a piece of jade were stolen, together with various foreign currency notes.

3. In relation to the second count the applicant was one of four men who entered a flat at 15/F No. 1 Leighton Road, Wanchai on 13 December 1991. An elderly gentleman, the sole occupant of the flat, was tied up and the flat was ransacked and valuables were stolen. These included cash exceeding $60,000 other valuables and personal items such as watches and a gold chain.

4. This applicant has convictions going back to 1983 but has never been sentenced to prison before. He was aged 26 at the time of his conviction. The judge sentenced the applicant to eight years' imprisonment on each of the two counts but ordered that the first seven years of the second term should be concurrent with the sentence on the first count, thus making a total of nine years' imprisonment. Having regard to the circumstances of the two crimes we see no ground whatever for interfering with the sentence and the application for leave to appeal out of time is refused.