R. v. WONG SHE NIN

IN THE COURT OF APPEAL

1995, No. 362

(Criminal)

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J U D G M E N T

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Mayo, JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentence of four-and-a-half years' imprisonment passed on him for robbery.

2. It was quite a bad case. The victim was a lady. Shortly after mid day she was on her way to the market at Tung Chau Street, Shamshuipo. She was bumped into by a man who then hit her in the face with his fist causing her lips to bleed. He then took her waist bag which contained cash, various cards, a wallet and various other personal items.

3. This incident was witnessed by an off-duty police officer who chased and caught the man. Shortly after this a police officer who was on duty arrived and took the man into custody. The man was the applicant. He made a cautioned statement in which he admitted the offence. He pleaded guilty at his trial.

4. The applicant has a bad record. He has convictions for several robberies and various drug related offences.

5. Mr W.K. Lee who represents the applicant submits that the starting point of five years three months adopted by His Honour Judge Caird was too high. He also submits that an insufficient discount was given for the applicant's guilty plea.

6. The fact that the applicant punched the victim a lady in the face is a serious aggravating factor. However in our view the judge adopted a starting point which was too high. Also the discount given for the plea was not over generous.

7. The judge should not have started any higher than five years. Taking all matters into consideration we are of the view that we would be justified in interfering with the sentence. We accordingly allow the application, treat it as the substantive appeal and reduce the sentence by one year, thus leaving the sentence of three-and-a-half years. The appeal succeeds to this extent.