THE QUEEN v. OI HO PA YEE

THE QUEEN v. OI HO PA YEE

The four year sentence for robbery was manifestly inadequate given the invasion of a private dwelling in the small hours, restraint and gagging of a 78 year old victim, gang involvement and ransacking; applying the relevant guideline and limited plea discount the robbery sentence must be increased to five years, to run consecutively to the 15 month sentence for remaining in Hong Kong illegally, yielding an effective total of six years and three months.

Citation
THE QUEEN v. OI HO PA YEE
Parties
Applicant/accused: OI HO PA YEE; Respondent/crown: THE QUEEN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 January 1994
Case Number
CACC480/1993
Procedural Posture
Criminal Appeal (sentence Challenge) / Application for Leave to Appeal Treated as Hearing of Appeal; Judgment on Appeal
Outcome
Application allowed; appeal treated as hearing of appeal and allowed in part; four year robbery sentence quashed and replaced with five years to run consecutively with 15 months for illegal residence.
Legal Topics
Robbery, Illegal Entry/remaining in Territory, Sentencing Guidelines, Plea Discount, Youth Offender Considerations
Source Language
EN
Criminal Law Sentencing Immigration Law Robbery Illegal Entry/remaining in Territory Sentencing Guidelines Plea Discount Youth Offender Considerations

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Parties

OI HO PA YEE

Applicant/accused

THE QUEEN

Respondent/crown

Procedural Posture

Criminal Appeal (sentence Challenge) / Application for Leave to Appeal Treated as Hearing of Appeal; Judgment on Appeal

Legal Issues

  1. 1 Whether the four year sentence for robbery was manifestly inadequate and required increase
  2. 2 Appropriate total sentence when robbery sentence runs consecutively with illegal immigration sentence
  3. 3 Application of sentencing guideline in R v. MO Kwong-sang and the effect of a guilty plea

Ratio Decidendi

The four year sentence for robbery was manifestly inadequate given the invasion of a private dwelling in the small hours, restraint and gagging of a 78 year old victim, gang involvement and ransacking; applying the relevant guideline and limited plea discount the robbery sentence must be increased to five years, to run consecutively to the 15 month sentence for remaining in Hong Kong illegally, yielding an effective total of six years and three months.

Court Disposition

Application allowed; appeal treated as hearing of appeal and allowed in part; four year robbery sentence quashed and replaced with five years to run consecutively with 15 months for illegal residence.

Orders

  • Allow application and treat as hearing of appeal
  • Quash four year sentence imposed for robbery