R. v. KWOK WAI SHING

IN THE COURT OF APPEAL

1995, No. 23

(Criminal)

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J U D G M E N T

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Ching JA (delivering the judgment of the Court):

1. The applicant was convicted of four counts of robbery to which he pleaded guilty. He was sentenced on the 1st count to four years' imprisonment and, on the other three counts, he was sentenced to one year imprisonment each to run concurrent with each other. That is to say he was sentenced to imprisonment for a total of five years.

2. His application was based simply on the fact that he said the sentence was too severe. Today, he has said to us that he knows that he was wrong and that he deserved punishment. He said, however, that, he, nevertheless, cooperated with the police and did not waste the court's time. He points out, as is true, that he has no similar previous conviction.

3. These offences were all accompanied by the use of a knife. He does have previous convictions beginning in 1978 which included possession of offensive weapons, assault, criminal damage, burglary and theft. Albeit, he has not wasted the court's time, he could hardly have escaped from pleading guilty since he was caught red-handed.

4. In the circumstances, the sentence was in no way too severe, and the application must, therefore, be dismissed. Moreover, this application should never have been brought since it is wholly without merit, and we, therefore, order that the applicant should lose three months of the time that he has spent in custody.