HKSAR v. Lok Chi Shing
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CACC000072A/2003 CACC 72/2003 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CRIMINAL APPEAL NO. 72 OF 2003 (ON APPEAL FROM HCCC 224 OF 2002) ____________________
____________________ Coram: Hon Stuart-Moore VP, Stock JA and Jackson J Date of Hearing: 4 December 2003 Date of Judgment: 4 December 2003 _______________________ J U D G M E N T _______________________ Stuart-Moore, VP (giving the judgment of the Court): 1.On 17 February 2003, the Applicant was convicted on counts of attempted arson and arson being reckless as to whether life would be endangered, following a trial before Deputy Judge Line and a jury in the Court of First Instance. The Applicant was sentenced to a term of eight years' imprisonment in total against which he now seeks leave to appeal out of time. 2.The Applicant applied for leave to appeal against conviction within a few days of his conviction in February 2003. It was not until 11 August 2003 that he sought leave to appeal against sentence. This was 10 days after his application in relation to conviction had been dismissed. The reason he has given for the delay, which we have to say was wholly unacceptable, was that he had been awaiting the outcome of his application regarding conviction before making the present application. 3.The two offences were committed in June 2001 at the same premises, nine days apart, and they were part of an ongoing campaign to intimidate the victim. 4.The Applicant was a debt-collector who was seeking to recover money allegedly owed to someone who had promised to pay the Applicant 50% of the proceeds if he could recover the debt. The offences took place on the 34th floor of a public housing block. On the second occasion, when the full offence of arson was committed, a primitive incendiary device was used. This offence, as the jury found, had the potential to put the lives of others at risk in the building. The only reason that in the event, little damage was done was that a neighbour intervened. 5.The Applicant is no stranger to the courts. He has 13 previous convictions which include, albeit a considerable time ago, offences of criminal intimidation and criminal damage. 6.The facts of this matter appear fully in the judgment (also CACC 72/2003) which was given on 1 August 2003. 7.The judge's words in sentencing the Applicant aptly describe the seriousness of these offences and we shall repeat, without further comment, what he said:
8.The Applicant has put forward no grounds for mitigating the gravity of these offences. Leave out of time is therefore refused and the application is dismissed. 9.Having regard to the absence of any merit to this application, we shall order that three months of the time the Applicant has served pending this application shall not be counted towards the sentence he is serving. This order is pursuant to section 83W of the Criminal Procedure Ordinance, Cap. 221. For the avoidance of any doubt, the order we have made is additional to the order which was made at the conclusion of the proceedings on 1 August 2003.
Representation: Mr Simon Tam, SGC, of the Department of Justice, for the Respondent. Applicant in person. |
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Further hearings and rulings under CACC 72/2003