R. v. KWOK KAM HEI

IN THE COURT OF APPEAL

1996, No. 11
(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. On 6 November 1995 the applicant was found guilty of robbery by Deputy Judge Tallentire in the District Court and sentenced to 51/2 years imprisonment for that offence together with a 3-month suspended sentence which was activated consecutively.

The facts

2. On 15 January 1995 the applicant, accompanied by two others, knocked on the door of a ground floor flat in Sai Kung. The applicant remained outside as a lookout but the other two entered and declared robbery. One had a Gurkha Kukri and the other picked up a fruit knife in the premises. They ransacked the flat and took the property in the charge. This not only included a number of watches but also bankcards. The occupants were threatened until they disclosed their personal identification numbers.

3. The other two accused were arrested near the flat with some of the property still on them but this applicant escaped.

4. He was arrested later and admitted his part in the offence. He challenged the admissibility of his confession at trial but was convicted.

Conclusion

5. The applicant contends that the sentence passed was unfair and unreasonable on the ground that he did not enter the premises and he did not carry a knife. But he was clearly and fully involved in this armed robbery at night in domestic premises. It was a very serious offence for which a higher sentence than 51/2 years ought to have been imposed. In the circumstances this was a lenient sentence.

6. The application for leave to appeal is quite without merit and it is refused.

Not for Circulation