LEUNG CHO KUEN v. R.

CACC000025/1994

IN THE COURT OF APPEAL

1994, No. 25
(Criminal)

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BETWEEN
THE QUEEN
AND
LEUNG CHO KUEN

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Coram: Hon Macdougall, V.-P. and Litton, J.A.

Date of hearing: 12 August 1994

Date of judgment: 12 August 1994

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J U D G M E N T

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Litton, J.A. giving the judgment of the court:

1. This is an application for leave to appeal against sentence. The applicant was convicted in the High Court on three charges of robberyfor which the judge, Mr Justice Patrick Chan, sentenced him to a total of eight years’ imprisonment, those sentences to run concurrentlywith a sentence for trafficking in dangerous drugs which the applicant was then serving.

2. The three offences bore considerable similarity. In each the applicant had a confederate. They forced their way into domestic premises,tied the victims up, threatened them with weapons and ransacked the premises.

3. In relation to the first two offences cash and gold ornaments were stolen. It seems to us that the total sentence of eight yearswas a merciful one.

In our judgment the sentence was a proper one. This application for leave to appeal against that sentence is frivolous. In dismissingthis application we order that the applicant should also incur a loss of time of three months.

(Neil Macdougall) (Henry Litton)
Vice President Justice of Appeal

Representation:

Mr William Lam (Crown Prosecutor) for Respondent

Applicant – LEUNG Cho-kuen – in person