The Queen v. Leung Shu Ming

CACC000242/1986

In the Court of Appeal

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BETWEEN

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Coram: Li, V-P., Yang, J.A. & Penlington, J.

Date of hearing: 2nd October 1986

Date of delivery of judgment: 2nd October, 1986

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JUDGMENT

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Penlington, J.

1. The applicant in this case was charged with three offences, one of burglary and two of handling stolen goods. He pleaded guilty to the third charge of handling stolen goods and was found guilty of the second charge, also handling stolen goods. The goods in question consisted of a Nikon camera and a Dunhill lighter. The camera was stolen from premises in Star House on the 31st of October 1985.

2. The trial Judge, in his reasons for imposing a sentence of 18 months on the second charge and 9 months consecutive on the third charge, said that he took into account the fact that the applicant had a previous record of ten previous convictions, two of which were burglary. It was pointed out by counsel who appears for him that there were in fact only three actual appearances - albeit there were a total of 10 charges.

3. The offence of handling of stolen goods is regarded as serious. The person who is prepared to assist in burglaries and other forms of theft by disposing of goods on behalf of those who take part in the offences and receives a share of the proceeds is as much culpable as those who actually commit the offence. There is little to be said of the applicant in his favour. He is single, he is thirty-two years of age, he has his previous convictions. While he pleaded guilty to one charge, he did not plead guilty to the other. We do not see that the sentences passed were wrong in principle or were excessive taking into account the facts of this case. We do not see any merit in this appeal and the application for leave is dismissed.

Representation:

Mr. Wesley W.F. Wong (D.L.A.) for the Applicant

Mr Simon Chiu, Ag. S.C.C. for Respondent/Crown Prosecutor