THE QUEEN v. LAM PUI CHUN
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CACC000206/1988
IN THE COURT OF APPEAL | 1988, No. 206 |
(Criminal) |
BETWEEN | ||
THE QUEEN | ||
AND | ||
LAM PUI CHUN |
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Coram: Cons, Ag. C.J. , Power &, Macdougall, JJ.A.
Date of hearing: 25 August 1989
Date of delivery of judgment: 25 August 1989
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J U D G M E N T
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Cons, Ag. C.J., delivered the judgment of the Court:
1. LAM Pui Chun was convicted before Judge D'Almada Remedios in the District Court of six charges of obtaining by false pretences. On each occasion she had obtained money from one or other of the two victims, to a total of a few dollars less than 180,000, by falsely pretending to enter with them into joint ventures for the purchase and subsequent resale of either ginseng, abalone or other marin products. The victims were two doctors who ran a clinic which the Defendant patronized and with whom she eventually became friends. The judge sentenced her on each of the six charges to eight months' imprisonment to run consecutively, thus making a total of four years. She now applies for leave to appeal against that sentence.
2. The judge's reasons for sentence are short and make no mention of any mitigation. That may well have been because none was put to him, for really there is nothing that can be said in her favour. She did not plead guilty. She has apparently made no restitution or even any offer to do so.
3. Our attention has been drawn to various cases which have some similarities by way of the nature of the charges and it is suggested that they indicate four years in total as being unduly high. Offence of this kind vary tremendously in their circumstances. We do not think that four years in this particular case is manifestly excessive. We accept that it is on the high side, but we do not think it is so high that we should interfere. The application is therefore refused.
(D. Cons) | (N.P. Power) | (Neil Macdougall) |
Acting Chief Justice | Justice of Appeal | Justice of Appeal |
Representation:
I.G. Cross & Miss C Fung Crown Prosecutor for the 'Respondent
Ronald Mayne D.L.A. for the Appellant (re sentence)