TSANG LING YUE v. THE QUEEN

CACC000192/1982

Criminal law - appeal - sentence - application to single judge for leave - power to order loss of time where no arguable ground - such order should not be made where counsel or solicitor has advise that an arguable ground exists and has settled Grounds of Appeal - different considerations apply upon renewed application to full court.

IN THE COURT OF APPEAL	1982, No. 192
	(Criminal)

BETWEEN

	TSANG LING YUE	Appellant
	AND
	THE QUEEN	Respondent

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Coram: Sir Alan Huggins, V.-P., Yang & Barker, JJ.A.

Date of hearing: 14 July 1982

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JUDGMENT

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Sir Alan Huggins, V.P.

1. This is a renewed application for leave to appeal against one conviction of theft and one of robbery. The main evidence in both cases was a confession. The confessions were objected to on the ground that they were not voluntary. The learned judge considered the matter in detail and held that the statements were admissible. Although there is one matter which he referred to in his ruling with which I for my part would not agree we are all of opinion that the ruling itself cannot be attacked.

2. For some reason which we do not understand the learned judge treated one of the confessions to robbery as a confession only to theft. However we are satisfied there was ample evidence on both charges to support the verdicts recorded.

3. The only other matter which we need to refer to is that the single judge ordered a loss of time because he thought - perhaps not altogether surprisingly - that the appeal was hopeless. Nevertheless the Appellant had been advised by a solicitor who had appeared for him in the court below that there was good ground for appeal. We held yesterday that, where counsel had advised an appeal, it was unfair to order loss of time against the lay client. We think the same must apply where a solicitor has advised an appeal. We therefore set aside the order for loss of 60 days made by the single judge, but that does not prevent us from considering the hopelessness of this appeal in relation to the renewed application. There was no merit whatever in this appeal and we order a loss of 39 days.

14th July 1982

Representation:

Appellant in person.

Oderberg for Crown/Respondent.