WONG WAI TAI v. THE QUEEN
The Court held that although the appellant's prior convictions increased seriousness, the offence was a half-hearted and immediately abandoned attempt warranting a reduced sentence; the original four years was excessive and was reduced to three years.
Source-derived case information.
- Citation
- WONG WAI TAI v. THE QUEEN
- Parties
- Appellant: WONG WAI TAI; Respondent: THE QUEEN
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 17 March 1976
- Case Number
- CACC111/1976
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Appeal allowed in part; original sentence reduced.
- Legal Topics
- Assault With Intent to Rob, Sentence Reduction, Previous Convictions, Guilty Plea, Mitigation Due to Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WONG WAI TAI
Appellant
THE QUEEN
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of four years was excessive for an attempted assault with intent to rob
- 2 How the appellant's recent release and prior convictions affect sentencing
- 3 Extent to which immediate abandonment and guilty plea mitigate sentence
Ratio Decidendi
The Court held that although the appellant's prior convictions increased seriousness, the offence was a half-hearted and immediately abandoned attempt warranting a reduced sentence; the original four years was excessive and was reduced to three years.
Court Disposition
Appeal allowed in part; original sentence reduced.
Orders
- Set aside sentence of four years imprisonment
- Substitute sentence of three years imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
bjbjU CACC000111/1976 IN THE COURT OF APPEAL Criminal Appeal 1976 No. 111 ----------------- BETWEEN WONG WAI TAI Appellant THE QUEEN Respondent Coram: Briggs, C.J., Huggins & Pickering, JJ.A. Date of Judgment: 17th March 1976. ----------------- JUDGMENT ----------------- Pickering, J.A.: 1. The appellant pleaded guilty to a charge of assault with intent to rob and was sentenced to four years' imprisonment. He appeals against that sentence. 2. At about 7 p.m. on the 9th January this year the victim, who is the driver of a private bus, parked his vehicle in Tai Hang Road preparatory to alighting and going home. The appellant opened the door of the bus and, producing a long hard object wrapped in newspaper, pointed it at the waist of the victim telling him not to move and that otherwise he would be stabbed to death. The victim kicked open the door of the bus whereupon the appellant fled. 3. The victim made contact by radio with one of his colleagues and the two drove along Tai Hang Road looking for the appellant whom they found waiting at a bus stop. 4. It is for observation that this offence was committed upon the very day upon which the appellant was released from prison where he had been serving three consecutive sentences of eight months' imprisonment in respect of three robberies. He told this Court that, having just been released from prison, he had no money and so was forced to commit this crime. That is not an explanation which finds any favour with us for the appellant, having twice been in prison previously, must be well aware that aftercare is available if needed through the Discharged Prisoners Aid Society or other organizations. 5. Having said that, and despite the appellant's previous convictions for robbery, we are nonetheless of the view that the sentence of four years' imprisonment for a half-hearted, immediately abandoned attempt such as this is somewhat high. Accordingly we allow the appeal, set aside the sentence of four years' imprisonment and substitute it with one of three years. Representation: Appellant in person. Conway, C.C., for Respondent. " % & ' 2 t% CACC000111/1976 Judiciary Normal.dot Judiciary Microsoft Word 9.0 Unisys CACC000111/1976 Title Microsoft Word Document MSWordDoc Word.Document.8