HKSAR v. WONG HOK YUNG

CACC357/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 357 OF 1999

(ON APPEAL FROM DCCC 412 OF 1999)

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J U D G M E N T

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Stuart-Moore V.-P. (giving the judgment of the Court):

1. On 23rd June 1999, the Applicant pleaded guilty before Deputy Judge Candy in the District Court, after some prevarication on his part, to a charge of remaining in Hong Kong without authority. Even greater prevarication was involved before the Applicant eventually pleaded guilty to robbery, which he committed jointly with two other illegal immigrations. The Applicant now seeks leave to appeal against sentence on a number of grounds which are principally advanced on humanitarian grounds.

2. Despite the fact that the Applicant did not plead guilty at the earliest stage, the judge still gave the Applicant the benefit of a full one-third discount. Taking five years as a starting point for robbery, the judge imposed three years and four months' imprisonment, and he passed a fifteen-month sentence on the other charge of remaining in Hong Kong without authority, ordering that only six months should be served consecutively. This court has repeatedly said that the sentence of fifteen months should usually run consecutively for this kind of offence unless there are exceptional circumstances. There were, it seems, none in this case so that the Applicant cannot complain that his sentence was too harsh.

3. This was a standard robbery of a lone victim who was held up late at night as he returned home. He was threatened with a screwdriver by one of the gang of three, the other two robbers held his arms, and he was forced to the ground while his bag was taken from him. Each of the robbers was soon caught and they made admissions to the offence.

4. The sentence was entirely appropriate and, as we have already said, perhaps erred on the side of leniency in view of the limited degree to which the sentence for being unlawfully in Hong Kong was made consecutive.

5. We shall dismiss the application and, because it is devoid of all merit, order that four months of the time spent by the Applicant in custody shall not count towards his sentence.