THE QUEEN v. SEIU SAU LING

THE QUEEN v. SEIU SAU LING

The Court held the sentence was appropriate and not manifestly excessive because the offence was a serious violent domestic robbery involving a knife and injury, and the applicant's personal circumstances and alleged coercion did not justify interference with the sentence.

Source-derived case information.

Citation
THE QUEEN v. SEIU SAU LING
Parties
Respondent/crown: The Queen; Applicant/appellant: Seiu Sau Ling (Shiu Sau Ling); Co Defendant (at Trial): Miu Wa Yee
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 March 1987
Case Number
CACC456/1986
Procedural Posture
Criminal / Application for Leave to Appeal Against Sentence (leave Granted Out of Time); Substantive Appeal Against Sentence Refused
Outcome
Application for leave to appeal against sentence refused (leave had been granted to bring the application out of time); original sentence affirmed.
Legal Topics
Robbery, Use of Weapon, Sentencing Principles, Coercion/mitigation
Source Language
en
Criminal Law Sentencing Appeals Robbery Use of Weapon Sentencing Principles Coercion/mitigation

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Parties

The Queen

Respondent/crown

Seiu Sau Ling (Shiu Sau Ling)

Applicant/appellant

Miu Wa Yee

Co Defendant (at Trial)

Procedural Posture

Criminal / Application for Leave to Appeal Against Sentence (leave Granted Out of Time); Substantive Appeal Against Sentence Refused

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether personal background and alleged coercion mitigated sentence
  3. 3 Whether non-custodial alternatives (training centre) were appropriate

Ratio Decidendi

The Court held the sentence was appropriate and not manifestly excessive because the offence was a serious violent domestic robbery involving a knife and injury, and the applicant's personal circumstances and alleged coercion did not justify interference with the sentence.

Court Disposition

Application for leave to appeal against sentence refused (leave had been granted to bring the application out of time); original sentence affirmed.

Orders

  • Application to appeal against sentence dismissed.
  • Original sentences (Applicant 2 years; co-defendant 3 years) to stand.