R. v. CHOW HO KIT

CACC000492/1995

IN THE COURT OF APPEAL

1995, No.492
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
CHOW HO KIT Applicant

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Coram: Bokhary, J.A. and Bewley, J. in Court

Date of hearing: 9 January 1996

Date of judgment: 9 January 1996

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J U D G M E N T

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Bewley, J.: (giving the judgment of the Court)

1. The applicant pleaded guilty to five charges of theft. He was sentenced to two years and three months by Judge Whaley.

2. The applicant is the husband of a Hongkong & Shanghai Bank employee, who was a co-defendant. On 22nd December, 1993, his wife,without authority, gained access to a computer in the bank. She then transferred $600,000 belonging to the bank to two accounts inthe applicant’s name. Later the same day, the applicant, knowing what had happened, made five withdrawals from his accounts totalling$565,000. Both were arrested on 3rd October, 1994 and admitted the offences. Before the judge it was said in mitigation that theapplicant had fallen into debt by gambling and that he had been threatened by loan-sharks; these offences were attempts to salvagehis financial situation. None of this money has been recovered.

3. The applicant has a clear record. He also has an eight year old daughter, who is living with his mother. There is nothing else tobe said in mitigation apart from his plea.

4. Having regard to the large sum involved, and his failure to repay, we are satisfied that the sentence is not manifestly excessiveand dismiss the application.

(K. Bokhary) (E. de B. Bewley)
Justice of Appeal Judge of the High Court

Representation:

Mr David Chan, S.C.C., for Crown/Respondent

Applicant, Chow Ho-kit, in person