Yeung Lin Wing v. The Queen

Case No.CACC 889/1977

Court

Court of Appeal

Date24 Oct 1977

Judge—

Case Document

100%

CACC000889/1977

IN THE COURT OF APPEAL
on appeal from the District Court

	1977 No. 889
	(Criminal)

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BETWEEN
	YEUNG LIN WING	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, C.J., Pickering, J.A. & Leonard, J.

Date of Judgment: 24th October, 1977.

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JUDGMENT

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Pickering, J.A.:

1. The appellant was convicted upon 14 counts of obtaining a pecuniary advantage by deception and sentenced to terms of imprisonment totalling two years and three months.

2. His appeal in regard to both conviction and sentence was without merit except in one respect. At the trial the learned judge noticed that a charge had been duplicated and clearly there was no evidence to support the duplicate charge which was the 14th Charge. In giving judgment the learned judge, by a slip of the tongue and of the pen said and recorded that there was no case to answer in respect of the 6th, 7th and 15th Charges whereas he had intended to say and record the 6th, 7th and 14th Charges. Having subsequently discovered his error but having no power to review the verdict, the learned judge gave leave to the accused to appeal against the conviction on the 14th Charge and the appeal in respect of that charge only is allowed. This has however no effect upon the total sentence.

Representation:

Appellant in person.

Boase for Crown/respondent.