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Criminal Appeal1996

R. v. LAI CHING YI, IVY

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2499-EN-1996-09-04

R. v. LAI CHING YI, IVY

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CACC000273/1996

IN THE COURT OF APPEAL

1996, No. 273
(Criminal)

BETWEEN
THE QUEENRespondent
AND
LAI CHING YI, IVYApplicant

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Coram: Hon Power, Ag. C.J. and Mayo, J.A. in Court

Date of hearing: 4 September 1996

Date of judgment: 4 September 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 was sentenced to two years and four months' imprisonment by HH Judge Beeson on the 7th March 1996 subsequent to her conviction for theft.

2. The application is out of time. In support of this application the applicant states that her father's medical condition has deteriorated and that she seeks an early release from prison so that she will be able to assist in looking after him.

3. This is not a good ground for entertaining this application out of time.

4. So far the offence in question was concerned the applicant pleaded guilty to embezzling $2,664,994.26 from her employer. At the time of the thefts she was employed in a position of trust and an accountant of the company. Besides her guilty plea there was very little which could convincingly be advanced on her behalf in mitigation. Had we been minded to entertain this application it would have had no prospect of success.

5. The application is dismissed.

(N.P. Power)(Simon Mayo)
Ag. Chief JusticeJustice of Appeal

Representation:

Mr Turnbull, SCC for Crown Prosecutor

Lai Ching Yi, Ivy - Applicant in person/present