THE QUEEN v. HO KWOK CHUEN

IN THE COURT OF APPEAL

1995, No. 342
(Criminal)

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J U D G M E N T

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Bokhary, J.A.:

1. This is an application for leave to appeal against sentence. The sentence is one of two years' imprisonment. It was for attempted robbery. Initially, the applicant pleaded not guilty. After the District Court Judge, HH Judge Jackson, had admitted in evidence his admissions to the police, the applicant changed his plea to guilty.

2. The applicant is in his early 30s' and was of previous good character. That expression "of previous good character" can cover anybody who has not been in trouble with the law before. But in this case, it has some content beyond that forensic sense. The applicant positively appears to have been a studious boy and a dutiful son. So out of character was his conduct on this occasion, that the judge sent for psychiatric reports. Those reports show that he is a rather introverted man who has more difficulty than most people in coping with stress.

3. His offence was a serious one. He did after all attempt to rob a woman and he did use some force although fortunately not with any serious consequences as far as we can tell. The offence was described by the judge as "an isolated act of complete idiocy". It was a botched attempt to rob a prostitute in her home and place of work, which was followed by his being fobbed off with a promise of free sex, which was followed in turn by her managing to escape and raise the alarm.

4. What could possibly have made a man like this commit an offence like that it is impossible to fathom. It is a strange case in many ways.

5. Sooner or later he has to rejoin society. The remorse which he displayed in presenting his case before us strikes us as genuine and deeply felt. We are confident that he has fully learned his lesson and that, while he cannot escape punishment, it is possible to lessen his punishment. As we said, he has to rejoin society sooner or later. All things considered, we think that it is better, not only for him but also for society as a whole, that he is given an earlier opportunity to start repairing his life.

6. So, without in any way criticising the judge who had a difficult and unusual case to deal with, we - with the benefit of everything which we have now seen and heard - think it appropriate to treat this application for leave to appeal against sentence as the appeal itself and to allow that appeal by reducing the sentence from two years' to one year's imprisonment. The appeal is allowed to that extent.