THE QUEEN v. NENITA B. BALMACEDA

HCMA000997/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 997 OF 1995

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BETWEEN
	THE QUEEN	Respondent
	AND
	NENITA B. BALMACEDA	Appellant

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Coram : Hon. Duffy, J. in Court

Date of hearing : 12 December 1995

Date of handing down judgment : 19 December 1995

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J U D G M E N T

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1. This was an appeal against a conviction and sentence for theft, possession of an unlawfully altered travel document and breach of condition of stay.

2. The Appellant appeared in person on the appeal and repeated the defence which she had presented at her trial. Suffice it to say that I was thoroughly unimpressed by that, and found no merit in her appeal against conviction which I dismissed.

3. So far as sentence was concerned, I was satisfied that the sentences imposed by the learned Magistrate were in all respects proper and fell within the normal range of sentences for offences of this nature. However, as an act of mercy, in order to modify the totality of the sentence, I reduced the sentence for the possession of an unlawfully altered travel document from 8 months to 4 months. The total sentence to be served, therefore, is 16 months as opposed to 20 months. The appeal against sentence was allowed to that extent.

Representation:

Mr F. Veltro, C.C., for Crown

Appellant, Nenita B. Balmaceda, in person

	(J.M. Duffy)
	Judge of the High Court