R. v. Cheung Sau Hung

CACC000138/1996

IN THE COURT OF APPEAL

1996, No.138
(Criminal)

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Coram: Hon. Power, Ag. C.J., Litton, V.-P. and Ching, J.A.

Dates of Hearing: 25 October 1996

Date of Judgment: 25 October 1996

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J U D G M E N T

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Power, Ag. C.J.:

1. This applicant seeks leave to appeal against sentence out of time. He was convicted after trial of the offence of robbery and sentenced to imprisonment for seven years. The reason which he puts forth for being out of time is that his lawyer chose to appeal only against conviction. This is not a reason which would justify this court in allowing an application for leave to appeal against sentence out of time and that application must, therefore, be refused. We say, however, when so doing that we have considered the mitigating matters placed before us today and the circumstances of the robbery. It was a bad robbery with a number of circumstances of aggravation. It was at night. It involved the invasion of private premises and the use of a knife and a chopper and of violence. The victim was a housewife who was with her children. In all the circumstances the sentence of seven years was within the proper range and was not in any way manifestly excessive. There could have been no merit in the appeal had it been allowed to have been pursued.

Representation:

Mr. A.A. Bruce Q.C. and Mr. Joseph To, S.C.C. (Crown Prosecutor) for the Respondent.

Applicant in person.