HKSAR v. Au Kam Chuen

CACC000119/2002

CACC 119/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 119 OF 2002

(ON APPEAL FROM DCCC 941 OF 2001)

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Coram: Hon Mayo VP in Court

Date of Hearing: 23 July 2002

Date of Judgment: 23 July 2002

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J U D G M E N T

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1.It is undoubtedly the case that the family circumstances which have been referred to by the applicant are very sad. They do not however constitute a good reason to reduce the sentences which were imposed.

2.The applicant also referred to facts which were at variance with the agreed facts which were before the Judge, which is that when he collected the letters he did not think that the credit cards were included in the letters. That is contrary to the contents of the agreed facts. The Judge passed sentence on the basis of the facts which had been agreed.

3.There is no merit whatever in this application. The total sentence which was imposed was a merciful sentence.

4.The application for leave to appeal against sentence is dismissed.

Representation:

Ms Lynda M.A. Shine, SGC, of the Department of Justice, for the Respondent.

Applicant in person.