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The same sentiments had been expressed in CHAN Kin-wah and Others v. R., Criminal Appeal 773 of 1978. In delivering the judgement of the Court of Appeal, Mr. Justice Huggins had this to say :-
"It is submitted that here there were no circumstances of special aggravation. As far as the robberies are concerned
we are constrained to agree. We have said that, where for such offences sentences in the region of six years' imprisonment have been imposed, this court is unlikely to interfere. However, the principle in Lam Chi-wai v Reg. must also apply and we think that a sentence of imprisonment is sufficient. For this reason we allow the appeals of the 3rd and 4th Appellants and set aside the orders of corporal punishment made against them.
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The offence of the 1st and 2nd Appellants was very different. Here the knife carried by the would-be robbers was used to stab a woman who had already beer pinioned but who nevertheless had the courage to summon assistance. Where weapons carried by criminals are actually used in such a manner, we think, there are circumstances of special
gravation which permit a court, in the exercise of its discretion, to impose corporal punishment in addition to a substantial term of imprisonment! The
learned judge here, in the exercise of his discretion, thought that an order of corporal punishment was appropriate.
As was said in Lai Kin-man v Reg.
Cr. App. 1970 No. 545,
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