THE QUEEN v. HO WAI FONG

1987 No. 123

IN THE COURT OF APPEAL

(Criminal Jurisdiction)

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J U D G M E N T

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Penlington, J.

1. This is an application for leave to appeal against sentence. The facts of the matter were simple in that the accused entered a home in So Uk Estate by persuading the only occupant, a 13 year old boy, that she was looking for his mother. After gaining entrance, she tied up the young boy, threatened him with a knife and then ransacked the premises. The boy, however, unfastened himself and round the defendant outside on the ground floor. Someone gave assistance and the applicant was arrested. The property was recovered.

2. The applicant has an unfortunate background. It is clear that she has been addicted to heroin and that she has been taking soft drugs and, indeed, her ground of appeal is that at the time of the offence, she was under the influence of sleeping pills. The trial judge says that he accepted that she was under the influence of these drugs but quite clearly he had no doubt that she had formed the necessary intent and that the drugs were only taken to reduce her natural inhibitions about carrying out the robbery. It is also quite clear that she has a propensity for gambling at mahjong and was probably looking for money to use in gambling. She has several convictions for theft, although of a relatively minor nature. Various forms of sentences have been tried including probation, fines and suspended sentences. She has been given every possible opportunity to reform. Careful and thorough probation and psychiatric reports were prepared and were all fully taken into account by the trial judge who passed a sentence of four years imprisonment.

3. Taking into account the circumstances of the case and the previous convictions, we are quite unable to say that that sentence was in any way excessive. The application is dismissed.