HKSAR v. Calaunan Concepcion Salcedo

CACC 109/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 109 OF 2010

(ON APPEAL FROM HCCC NO. 279 OF 2009)

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BETWEEN

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J U D G M E N T

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Hon Stock VP (giving the Judgment of the Court):

1.This is an application for leave to appeal against sentence out of time.

2.The applicant was convicted after trial in June 2010 of trafficking in a mixture containing 676.98 g of heroin hydrochloride and sentenced to 20 years’ imprisonment.

3.Her application for leave to appeal her conviction was dismissed by this Court on 13 December 2011.

4.Her notice of application for leave to appeal sentence is dated 5 October 2012, so she is substantially out of time.  She seeks to explain this delay by saying that until recently she did not realise that certain facts might enure to her benefit in mitigation of sentence.

5.We have considered the matters which she has put forward but they are, in the event, of no assistance to her.

6.Accordingly, her application for leave to appeal out of time is dismissed.

Miss Vivien Chan, SSP, of Department of Justice, for the Respondent

Applicant – acting in person