R. v. MOK CHUN MUI

CACC000302/1995

IN THE COURT OF APPEAL

1995, No. 302

(Criminal)

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BETWEEN
THE QUEEN Respondent
and
MOK CHUN MUI Applicant

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Coram: Hon Mortimer and Mayo, JJ.A.

Date of hearing: 9 November 1995

Date of judgment: 9 November 1995

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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 six years and nine months’ imprisonment imposed on her for two robberies.The sentences were ordered to run concurrently.

2. The modus operandi of both cases were similar. The robberies were committed in the early hours of the morning at ladies toilets inpublic buildings. The scheme was that the applicant and her boy friend, D2 in the proceedings below would wait outside the toilets.

3. When a suitable victim appeared who was wearing items of jewelry and intending to use the toilet facilities the applicant would followthe lady into the toilet. If there was no one else present she would then signal D2 and he would take a knife from the applicant’shandbag and hold it to the throat of the victim and then take the jewelry.

4. They would then tie up the victim to prevent her from pursuing them.

5. On the second charge the victim much to her credit managed to get hold of the knife and pursue her attackers. D2 got away but theapplicant was caught before she was able to leave the building in question.

6. A struggle ensued. Police officers in the vicinity succeeded in arresting the applicant.

7. She made a cautioned statement to the police which contained admissions.

8. At her trial she pleaded not guilty.

9. His Honour Judge Caird took a serious view of the offence and sentenced the applicant to six years and nine months’ imprisonment.

10. In her grounds of appeal the applicant claims to be young and innocent and that her family needs her financial assistance.

11. Before us she asked us to deal with her leniently. The sentences were high but not excessive or wrong in principle. Accordingly theapplication is dismissed.

(Barry Mortimer) (Simon Mayo)
Justice of Appeal Justice of Appeal

Representation:

Mr F. Veltro for Crown Prosecutor

Mok Chun Mui, Applicant – in person/present