R. v. Li Wah

CACC000397/1995

IN THE COURT OF APPEAL

1995, No. 397

(Criminal)

______________

______________

Coram: Hon Mortimer and Mayo, JJ.A.

Date of hearing: 9 November 1995

Date of judgment: 9 November 1995

________________

J U D G M E N T

________________

Mayo, JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentences of imprisonment imposed upon him for three burglaries and for remaining in Hong Kong as an illegal immigrant. He pleaded guilty to these offences and was sentenced to two years' imprisonment for the burglaries, all to be served concurrently and to 15 months for the illegal immigrant charge. This was consecutive.

2. Police officers saw the applicant with another man at an abandoned wooden hut above North Point. They suspected they were illegal immigrants and went to check the position. When they did so they found various valuables which they suspected were the proceeds of some form of theft.

3. The applicant made a cautioned statement to the police. Some of the said articles were identified by their owners.

4. His Honour Judge McMahon adopted three years as the starting point for the burglaries and gave the applicant 33 per cent credit for his plea.

5. In his grounds of appeal the applicant refers to his impoverished circumstances.

6. Before us he told us that his family residence in China had been destroyed as a result of flooding and that his father had now died.

7. The sentences imposed were not in any way excessive and would not warrant any interference from us. The application is accordingly dismissed.

Representation:

Mr F. Veltro for Crown Prosecutor

Mr Li Wah, Applicant - in person/present