HKSAR v. Tang Wah Kwan

CACC000441/1999

CACC 441/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 441 OF 1999

(ON APPEAL FROM DCCC 537/1999)

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Coram: Hon Stuart-Moore CJHC (Ag), Mayo VP and Leong JA in Court

Date of Hearing: 3 February 2000

Date of Judgment: 3 February 2000

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J U D G M E N T

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Hon Mayo VP (giving the judgment of the Court):

1. The applicant pleaded guilty to one count of attempted burglary before Judge Wilson in the District Court. He was sentenced to 20 months imprisonment and seeks leave to appeal against his sentence.

2. A watchman at restaurant premises in Western District observed two men acting suspiciously on his CCTV camera in the early hours of 22 May 1999. He reported the matter to the police. When they arrived they saw the applicant up a ladder attempting to gain entry to the premises and the other man was holding the ladder.

The applicant immediately admitted his wrongdoing. He has a somewhat chequered record. He has a number of previous convictions including one for burglary and one for robbery. It would also appear that he has been receiving treatment for what appears to be a minor psychiatric affliction.

3. The Judge adopted a starting point of 30 months imprisonment and gave the applicant a 1/3 discount for his guilty plea. In his grounds of appeal the applicant refers to his difficult family circumstances.

4. The sentence imposed was entirely appropriate and this application is dismissed. As it is devoid of merit we order that 2 months of the time he has spent in custody will not count towards the total sentence he serves.

Representation:

Mr Cheung Wai-sun, DPGC of the Department of Justice, for the respondent

Tang Wah-kwan, applicant in person