HKSAR v. JIANG JINSHENG

CACC 442/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 442 OF 2004

(ON APPEAL FROM DCCC NO. 823 OF 2004)

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J U D G M E N T

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Hon Stock JA:

1. This is an application for leave to appeal against sentence.  The applicant pleaded guilty to an unarmed robbery in respect of which the judge took a starting point of five years’ imprisonment.  That starting point, as Mr Cheung points out, is appropriate for robbery with a weapon; and my attention has been drawn to a decision in a case called Lam Ka-hung Cr App No. 294 of 2003 which further indicates that the starting point adopted by the judge in this particular case ought to be examined.  Furthermore, the question arises whether the totality which involves making the sentences run wholly consecutively was justified.  It seems to me that the case deserves consideration by the full court and accordingly I shall grant leave to appeal against these sentences.