R. v. CHOW TAK KWAN

IN THE COURT OF APPEAL

1994, No. 619
(Criminal)

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J U D G M E N T

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

1. This is an application for leave to appeal against conviction. The applicant was convicted of an offence of robbery by Her Honour Judge Chua in the District Court on 21 November 1994. He was sentenced to 41/2 years imprisonment.

The facts

2. The evidence was that the applicant went to Shop 105 at Tin Yuet Plaza in Castle Peak Road at 7.45 pm. He was interested in a wallet which was shown to him by the salesgirl. He left saying that he was going to get some money but left his identity card in the wallet. At 8.45 pm the same night he went to Shop 146. He examined a leather jacket and asked for it to be wrapped up. He then left saying that he was going to get money. However, he returned and when he did, he produced a 10" knife and announced that it was a robbery. He robbed the girl of $400 and the shop of $1,100 and the jacket. He cut the telephone wire, locked the girl in and left.

3. The matter was soon reported to the police. When the police came, the girl from Shop 105 handed to the police the identity card whereupon the victim of the robbery from Shop 106 recognised the person's photograph as the person who had robbed her.

4. Although the case turned on identification, there was no parade because the victim had seen the photograph on the identity card. So the police arranged a confrontation at which she identified the applicant. Her first description of the robber was that he was 6' tall. But this was a matter considered by the judge in her reasons for verdict. The victim impressed the judge as a witness and the quality of her evidence of identification was generally good. Significantly, however, the applicant made a complete written confession of the offence. Although he challenged the admissibility of that confession at trial, he did so without success. In the result the evidence against him was overwhelming.

The application

5. The matters which the applicant seeks to raise on his application are without merit. There were good reasons for the police not arranging an identification parade. The inconsistency of which he complains in the victim's evidence was considered carefully by the judge. So far as the judge's error is concerned, if there was one, about a previous conviction for assault, this error took place during the sentencing process and is not in her reasons for verdict.

Conclusion

6. In the result, this application for leave to appeal against conviction is refused. It is totally without any merit. In these circumstances there will be a loss of time of 3 months of the time the applicant was awaiting his appeal.