R. v. LAM KWOK HO

CACC000252/1996

IN THE COURT OF APPEAL

1996, No. 252
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
LAM KWOK HO Applicant

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Coram: Hon Nazareth, V.-P., Bokhary and Mayo, JJ.A. in Court

Date of hearing: 3 September 1996

Date of judgment: 3 September 1996

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J U D G M E N T

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

1. The applicant seeks leave to appeal against the total of 41/2 years imprisonment imposed upon him in respect of two counts of robberyand one count of remaining in Hong Kong without permission from the Director of Immigration.

2. The circumstances of the case are all too familiar.

3. On Count 2 a young man and his lady friend were strolling in the park at 10.15pm at Yuen Long. They were approached by three menone of whom was wielding a knife. They were informed that a robbery was in progress and the young man gave the robbers a gold necklaceand $100 and the young lady gave him $1,000.

4. Count 3 occurred on the following evening that was 27 November 1995. Again the victims were a young man and his lady friend. Thistime the offence occurred at the Yat Ming Housing Estate at Sha Tin.

5. The circumstances of the robbery were similar to those described in Count 2. This time the proceeds amounted to $500 and a gold bracelet.

6. Later that evening the applicant and two other men were stopped by some police officers who required them to produce their IdentityCards. They were unable to do so. While this interview was taking place the young man who was one of the victims on the 3rd counthappened to be passing by and saw the man. He identified the applicant as one of the men who had earlier in the evening robbed himand his girl friend.

7. The applicant pleaded guilty to these offences. He was sentenced to 31/2 years on the 2nd and 3rd count which sentences were orderedto run concurrently. He was sentenced to 1 year on the 5th count which was ordered to be served consecutively.

8. In his grounds of appeal the applicant refers to his distressing family circumstances in China. These have been brought about mainlyon account of poverty and illness in the family. He claimed that his motive for sneaking into Hong Kong was to earn more money soto alleviate the family situation in China. As he did not have an identity card he was unable to achieve his objectives. He claimedto have committed the offences in desperation.

9. Before us he repeated these unfortunate circumstances.

10. Although we are very sympathetic with the situation facing the applicant we cannot interfere with these sentences on account of this.

11. These sentences were in no way excessive or wrong in principle and accordingly leave is refused.

(G.P. Nazareth) (K. Bokhary) (Simon Mayo)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr Veltro for Crown Prosecutor

Lam Kwok Ho – Applicant in person/present