R. v. LAW LOK SAN

CACC000275/1995

IN THE COURT OF APPEAL

1995, No. 275
(Criminal)

 

	THE QUEEN
	AND
	LAW LOK-SAN

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Coram : Power, V.-P., Mortimer, J.A. and Ryan, J.

Date of Judgment : 2 November 1995

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J U D G M E N T

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Mortimer, J.A. (giving the judgment of the Court):

1. Law Lok-san applies for leave to appeal against sentence out of time. He originally sought leave to appeal against his conviction and in September last, he abandoned that application. He now seeks by an affidavit of 2nd October leave to appeal against the sentence out of time.

2. He advances a number of reasons as to why he did not appeal within time against sentence. The effect is that he was misled by his co-accused into thinking that if he appealed against sentence, he would appear to be guilty. If he did not succeed in his appeal against conviction he decided that he would then apply to appeal against sentence. None of the reasons advanced are good reasons for granting extra time for this application and the application is refused.

3. We would also add that the sentences passed, of 3 years and 12 months concurrent, for conspiracy to rob in which this applicant and his co-accused went into a block of flats, both armed with knives, intending to go into somebody's dwelling and rob them were, on the face of them, sentences which were perfectly proper and certainly not sentences which were excessive.

Representation:

Appellant in person

Mr Derek Pang, APCC for Crown/Respondent