R. v. LI CHI MING

IN THE COURT OF APPEAL

1996, No. 100
(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 total of five years' imprisonment imposed upon him in respect of one charge of robbery, one of burglary and one for remaining in Hong Kong after landing illegally contrary to section 38(1)(b) of the Immigration Ordinance, Cap 115.

2. The facts are simple. Shortly following his illegal entry to Hong Kong the applicant burgled domestic premises in a block of flats at Hilltop Garden Wong Tai Sin. Late the same evening he entered other premises in the same block for a similar purpose. The occupants of the flat were present at the time. The wife first saw the applicant who was holding a knife. A struggle ensued and the wife sustained minor injuries. The husband who came to her assistance was also injured by the knife. The applicant escaped out of one of the windows of the flat. He was seen by the police the next day who were suspicious and questioned him.

3. He admitted that he was an illegal immigrant. Following questioning he also admitted the other two offences and was identified by the victims of the robbery. He pleaded guilty to all the charges.

4. His Honour Judge Longley taking cognisance of all of the circumstances of the offences considered that a total sentence of seven-and-a-half years' imprisonment would have been a correct starting point. This would have been a correct starting point had he had the jurisdiction to impose such a sentence.

5. However giving the applicant full credit for his guilty plea he sentenced the applicant to a total of five years' imprisonment. This sentence was in no way excessive or wrong in principle and the application is dismissed.