HKSAR v. CHEUNG WAI YIP

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1998, No. 133
(Criminal)

-------------------------

----------------------

J U D G M E N T

----------------------

Mayo, J.A. (giving the judgment of the Court):

1. The Applicant who was aged 17 at the time of the offence and was D3 at the trial below pleaded guilty to robbery before H.H. Judge Hawkes and he was sentenced to 3 years' imprisonment. He now seeks leave to appeal against this sentence.

2. The victim PW1 and a friend PW2 who was a lady were sitting at one of the spectator stands at the football pitch at Victoria Park late in the evening on 14th November 1997. They observed a group of young men nearby. Men from the group came over and hit PW1 over the head with a bottle.

3. The Applicant told them that this was a robbery and $20 was taken from PW1 and a gold necklace valued at $1,500 was taken from PW2. After the men left a report was made to the police. Later that evening some of the men including the Applicant were apprehended by the police and PW1 & 2 identified the Applicant as being one of the robbers.

4. As can be seen from the short summary of the facts this was a violent and unpleasant robbery. The Judge adopted 4 1/2 years as his starting point and gave the Applicant the full 1/3 discount for his plea.

5. The Applicant claims that the sentence imposed was too long. We disagree. This application is without merit and 3 months of the time which is spent in custody will not count towards his sentence.