R. v. CHAN KWOK PING
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CACC000806/1995
IN THE COURT OF APPEAL
1995, No. 806
(Criminal)
| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| CHAN KWOK PING | Applicant |
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Coram: Hon Mortimer, J.A. and Mayo, J.A.
Date of hearing: 3 April 1996
Date of judgment: 3 April 1996
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J U D G M E N T
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Mayo, J.A. (giving the judgment of the Court):
1. The applicant seeks leave to appeal against a total sentence of three years and nine months' imprisonment imposed upon him for three counts of theft. The application was made out of time but as it was only a few days out of time we gave leave for the application to proceed.
2. Dealing with the merits of the application it has to be said that all three of these theft cases were committed separately and independently. The facts of two of the thefts were very close indeed to robberies. The applicant claimed that at the time of the offences that he was under the influence of dangerous drugs. This does not constitute mitigation. He did however plead guilty to the offences and of course this does constitute mitigation.
3. The offences were serious and even though an insufficient discount may have been given when consideration is given to the overall gravity of the offences the end result of three years and nine months' imprisonment was not a manifestly excessive sentence. The application is accordingly dismissed.
| (Barry Mortimer) | (Simon Mayo) |
| Justice of Appeal | Justice of Appeal |
Representation:
Mr F. Veltro for Crown Prosecutor
CHAN Kwok-ping - Applicant in person/present