THE QUEEN v. CHAN SENG
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CACC000028/1986
1986, No. 28 |
IN THE COURT OF APPEAL
(Criminal Jurisdiction)
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BETWEEN
| THE QUEEN | Respondent | |
and | ||
| CHAN SENG | Appellant |
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Coram: Hon. Roberts, C.J., Hon. Yang, J.A. & Hon. Penlington, J.
Date of hearing: 1st May 1986
Date of delivery of ,judgment: 1st May 1986
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JUDGMENT
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Penlington, J.
1. This is an application to appeal against sentence out of time. The applicant was convicted on the 28th August 1985 of the offence of "possession of dangerous drugs for the purpose of unlawful trafficking". He received a sentence of six years imprisonment.
2. The applicant appealed against his conviction but says in an affidavit that after discussion with friends, who were presumably fellow inmates, he was told that he should not simultaneously appeal against conviction and sentence. However, the form which the applicant signed when he appealed against conviction states that if he appeals against both conviction and sentence, one will not have any adverse effect on the other. Although the applicant says he is illiterate, this sort of provision is always explained to an applicant and we are, quite satisfied he must have been aware of it. He chose to ignore it and to follow the advice of his friends. We do not consider that there is any merit in this application to appeal out of time and the application will be refused.
Representation:
Mr Shane Cunningham (D.L.A.) for Appellant
Mr G.J.X. McCoy, Senior Crown Counsel, for Respondent/Crown Prosecutor