R. v. CHOW HO KIT
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CACC000492/1995
IN THE COURT OF APPEAL
1995, No.492
(Criminal)
| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| CHOW HO KIT | Applicant |
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Coram: Bokhary, J.A. and Bewley, J. in Court
Date of hearing: 9 January 1996
Date of judgment: 9 January 1996
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J U D G M E N T
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Bewley, J.: (giving the judgment of the Court)
1. The applicant pleaded guilty to five charges of theft. He was sentenced to two years and three months by Judge Whaley.
2. The applicant is the husband of a Hongkong & Shanghai Bank employee, who was a co-defendant. On 22nd December, 1993, his wife, without authority, gained access to a computer in the bank. She then transferred $600,000 belonging to the bank to two accounts in the applicant's name. Later the same day, the applicant, knowing what had happened, made five withdrawals from his accounts totalling $565,000. Both were arrested on 3rd October, 1994 and admitted the offences. Before the judge it was said in mitigation that the applicant had fallen into debt by gambling and that he had been threatened by loan-sharks; these offences were attempts to salvage his financial situation. None of this money has been recovered.
3. The applicant has a clear record. He also has an eight year old daughter, who is living with his mother. There is nothing else to be said in mitigation apart from his plea.
4. Having regard to the large sum involved, and his failure to repay, we are satisfied that the sentence is not manifestly excessive and dismiss the application.
| (K. Bokhary) | (E. de B. Bewley) |
| Justice of Appeal | Judge of the High Court |
Representation:
Mr David Chan, S.C.C., for Crown/Respondent
Applicant, Chow Ho-kit, in person