R. v. NG YIU WING

IN THE COURT OF APPEAL

1996, No. 81
(Criminal)

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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 applicant seeks leave to appeal against the sentence of 5 years' imprisonment imposed upon him for robbery and wounding contrary to Section 39 of the Offences Against the Person Ordinance.

2. It was a bad lift robbery case. In the early hours of the morning of 1 October 1995 the victim, a lady, was returning to her home on the Cheung Wah Estate. After she entered the lift the applicant and a woman rushed into the lift. After the doors had closed the applicant produced a paper cutter and informed the victim that a robbery was taking place. He snatched her handbag which contained the items referred to in the charge and the woman searched her pockets and took her wallet which contained her identity card. The victim cried out for help and the applicant punched her in the face and slashed her with the paper knife including stabbing her in the stomach.

3. After the lift arrived at the 22/F the applicant and the woman endeavoured to escape while the victim continued to cry out and pursue them. A man hearing the shouts managed to catch the woman. The applicant voluntarily surrendered himself to the police 7 days later.

4. The victim was admitted to hospital and treated for lacerations to her abdomen, her left forearm and her left hand.

5. Hawkes DJ the trial judge adopted 7 years' imprisonment as his starting point for the robbery and imposed a concurrent sentence for the wounding. He gave 2 years credit for the guilty plea.

6. The main ground of appeal which is advanced by Ms Cissy Lam for the applicant is that no credit was given to the applicant for surrendering himself to the police and an insufficient discount was given for the plea.

7. While there may be some merit in these contentions the overall sentence was by no means excessive.

8. The applicant resorted to considerable violence using a paper knife and inflicted multiple injuries to the victim who was a defenceless lady. The judge was fully justified in taking a serious view of this case and if anything the starting point was on the low side. This being the case this application is dismissed.