HKSAR v. TREJOS NARVAEZ WALDEMIR

CACC000365/2001

CACC 365/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 365 OF 2001

(ON APPEAL FROM DCCC 669 OF 2001)

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BETWEEN
HKSAR Respondent
AND
TREJOS NARVAEZ WALDEMIR Applicant

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Coram: Hon Mayo VP in Court

Date of Hearing: 3 January 2002

Date of Judgment: 3 January 2002

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J U D G M E N T

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1. This was a severe sentence for a burglary. However it was an exceptional case. The value of the diamonds which the applicant stolewas somewhere in the region of $48,000,000. The theft involved a sophisticated and well thought out plan. It appears that the applicantcame from Columbia to Hong Kong for the specific purpose of executing the plan. In all the circumstances I do not consider that thesentence imposed was manifestly excessive. Accordingly the application is refused.

2. I would also just add that if the applicant does decide to proceed with his application notwithstanding the fact that leave has beenrefused he does place himself on risk that part of the time spent in custody will be ordered not to count towards the sentence heis serving.

(Simon Mayo)
Vice-President

Representation:

Mr Marco Li, GC, of the Department of Justice, for the Respondent

Applicant in person