R. v. LI KAM CHEUNG

CACC000335/1994

IN THE COURT OF APPEAL

1994, No. 335
(Criminal)

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BETWEEN
THE QUEEN
and
LI KAM CHEUNG

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Coram : Hon. Yang, C.J., Penlington, and Liu, JJ.A.

Date of hearing : 22 February 1995

Date of judgment : 22 February 1995

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J U D G M E N T

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Penlington, J.A. (giving the judgment of the Court):

1. This is an application for leave to appeal against conviction and sentence on charges of indecent assault and attempted rape. Theapplication for leave to appeal against conviction is some three months out of time.

2. We considered the facts of this matter which were agreed the time of the applicant’s plea of guilty and the reasons given in theapplicant’s affidavit for leave to appeal out of time which were that he had been advised by fellow prisoners to do so. We are satisfiedthat there is no grounds upon which we should extend the time for leave to appeal against conviction. That application is thereforerefused.

3. We have also considered the sentences passed of 4 years’ imprisonment for the indecent assault and 6 years’ imprisonment on eachof the charges of attempted rape. It is enough to say that the victim in this case, at the time of the first offence, was only 12years of age and the applicant was in a position of trust in that he was living with the victim’s mother. These were sample offencesonly and reflect a course of conduct going on for over 2 years.

4. We are satisfied that the sentences were perfectly proper. The application for leave to appeal is also refused.

(T.L. Yang) (R.G. Penlington) (B. Liu)
Chief Justice Justice of Appeal Justice of Appeal

Representation:

The applicant – in person

Mr. D.G. Saw, S.A.C.P., for the Crown