KAM HING-TAT v. THE QUEEN

CACC000434/1982

IN THE COURT OF APPEAL	1982, Nos. 434 & 837
	(Criminal)

BETWEEN

	KAM HING-TAT	Appellant
	AND
	THE QUEEN	Respondent

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Coram: Sir Alan Huggins, V.-P., Silke & Darker, JJ.A.

Date: 29 September 1982

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JUDGMENT

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Sir Alan Huggins, V.-P. :

1. The Appellant was convicted before the District Court on 15th April and sentenced to three years' imprisonment on each of three charges of burglary, those sentences to run concurrently. The offences were committed in March and May of 1981. On 23rd August this year he was sentenced to three years and nine months imprisonment on a further charge of burglary, that offence having been committed on 11th July 1981. The learned judge ordered that that sentence of three years and nine months' imprisonment should run from 23rd August 1982.

2. The judge rightly pointed out that had all these charges been joined in the same charge sheet, the Appellant would have received concurrent sentences. It is to be noted that the last offence was committed while the Appellant was on bail in respect of the previous offences, which of course is an aggravating factor. In September of last year he was married and his wife has spoken on his behalf, urging that he is remorseful and asking for his earlier release so that he may assist in the upbringing and maintenance of her two children by a former husband.

3. The effect of the order that the last sentence run from 23rd August is to add substantially to the term of imprisonment. We think that we should give leave to appeal against sentence, and we order that the Judge's order relating to the date on which the sentences are to start be quashed and that the sentences should be entirely concurrent. Since we are allowing this appeal we also set aside the order for loss of time which was imposed by the single judge.

29th September 1982