R. v. WONG KAM HUNG

IN THE COURT OF APPEAL

1996, No. 82
(Criminal)

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

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

J U D G M E N T

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

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

1. The applicant seeks leave to appeal against the sentence of 3 years' imprisonment imposed upon him for an assault with intent to rob. He pleaded guilty to the offence.

2. This was an attempted lift robbery. At about 6pm in the evening of 21 September 1995 the victim a lady was using a lift at the Shun On Estate. The applicant pressed a hard object against her neck and demanded that she gave him her handbag. She refused to do this. A struggle ensued. After the lady and the applicant emerged from the lift and the lady was calling out for assistance a neighbour came to her aid. The applicant attempted to escape but was apprehended by a police officer who was patrolling in the vicinity.

3. As a result of the struggle the victim sustained minor injuries.

4. In his grounds of appeal the applicant refers to his drug addiction and claims that he committed the offence in an endeavour to obtain money to feed his addiction.

5. Although he did not get the full 1/3 discount which is normally given on a guilty plea the overall sentence imposed was not in any way excessive or wrong in principle.

6. The application is accordingly dismissed.