R. v. Chan Chung Kan

CACC000455/1996

IN THE COURT OF APPEAL

1996, No. 455

(Criminal)

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Coram: Hon Power, Ag. C.J., Mayo JA and Saied J in Court

Date of hearing: 9 January 1997

Date of judgment: 9 January 1997

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J U D G M E N T

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Mayo JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentence of six years' imprisonment imposed upon him for being in possession of arms and ammunition without a licence.

2. Police officers attending at the applicant's place of residence at Pei Hoi Street in Kowloon on 8 January 1996 found the applicant to be in possession of a Chinese type self-loading pistol and 19 rounds of ammunition. The applicant admitted possession and pleaded guilty to the offence.

3. Deputy Judge Jackson adopted 12 years as an appropriate starting point for this offence. He gave the applicant the usual discount of 1/3 for his plea. He also was advised that the applicant had provided useful information to the authorities which had assisted them in their inquiries. As a result of this he had increased the discount to 50% and thereby arrived at the six years' sentence which was passed.

4. In his grounds of appeal the applicant stresses the assistance he gave the police and contends that he should have received a larger discount than he did.

5. Before us he did not add anything of any significance. We consider that the starting point was correct and the discount given was the proper one. The sentence was in no way either excessive or wrong in principle. The application is dismissed.

Representation:

Mr Albert Wong, SCC for Crown Prosecutor

Mr Chan Chung Kan - Applicant in person/present