R. v. CHUNG KWOK WAH
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CACC000735/1995
IN THE COURT OF APPEAL
1995, No.735
(Criminal)
| BETWEEN | ||
| THE QUEEN | ||
| AND | ||
| CHUNG KWOK WAH |
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Coram: Hon. Yang, C.J. and Power, V.-P.
Date of Hearing: 2 May 1996
Date of Judgment: 2 May 1996
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J U D G M E N T
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Power, V.-P.(giving the judgment of the Court):
1. In this matter the applicant seeks leave to appeal against his sentence out of time. The late application comes because he, having been sentenced in relation to the charges which he faced on 29th May 1995 by Judge McMahon, then on 20th September of that year gave evidence in the trial of the 3rd defendant Siu Shui-yin. We are told by Mr. Pang, who appears for the Crown, that he lived up to proof in that trial although in the outcome the 3rd defendant was acquitted.
2. The applicant does not seek to suggest that the sentences imposed by the trial judge were in any way wrong but asks that he be given credit for having given evidence against the 3rd defendant. He was given a sentence of two years on a charge of handling stolen goods, the goods being stolen motor vehicles which were being loaded, it would appear, for transport out of the colony.
3. The judge when sentencing said that he took into account the totality of sentence, the applicant being then in prison serving sentences of 2½ years and two months on other charges. The judge said:
"Taking into account the totality of sentence I order that one year of the sentence imposed in respect of the present charge be served concurrently with the sentence imposed in respect of the 1st charge in case 1094/94 but consecutive to the sentence imposed in respect of the 2nd Charge in that case."
This meant that he would be serving an overall sentence of three years and eight months. We are satisfied that the applicant is entitled to credit for his co-operation with the prosecuting authorities and for giving evidence against the 3rd defendant and that his overall sentence should be reduced by six months making an overall sentence of three years and two months.
| (T.L. Yang) | (N.P. Power) |
| Chief Justice | Vice-President |
Representation:
Mr. Derek Pang, S.C.C. (Crown Prosecutor) for the Respondent.`
Applicant in person.