R. v. MA KWOK YING

CACC000237/1995

IN THE COURT OF APPEAL

1995, No. 237

(Criminal)

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BETWEEN
THE QUEEN
AND
MA KWOK YING

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Coram: Hon. Yang C.J. & Ching J.A.

Date of hearing: 11 August 1995

Date of judgment: 11 August 1995

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J U D G M E N T

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Ching JA (delivering the judgment of the Court):

1. The applicant in this matter applies for leave to appeal against sentence. He was found guilty on his own plea of six charges ofburglary which took place within a period of three months. Indeed, the last five offences with which he was charged took place withina span of seven days. He received a sentence of 3½ years on each charge, all of them to run concurrently.

2. At the trial, facts were agreed by his counsel on his behalf. He now seeks to resile from one of the facts agreed which related tohis being a look-out in relation to the 1st charge.

3. Whatever the truth may be, concerning that admission, it does relate only to the 1st charge, and it is not necessary in this applicationto come to any determination upon it.

4. Quite clearly, he has been guilty of all six of the offenses. He points out or he says that he has no similar previous convictions.But in fact, in 1976, when he was 19 years old, he had a conviction for theft. That was probably too long ago to be relevant now.

5. The court below took into account all the factors including the matters which he has advanced before us today. The court below wouldhave taken a starting point of three years but for the multiplicity of the offences which caused it to use a starting point of fouryears and three months. The judge gave a discount of nine months. Nothing has been said which shows that either his starting pointor his discount was wrong. Once again, this is an application that should never have been brought. The application is dismissed withthree months loss of time.

(T. L. Yang) (Charles Ching)
Chief Justice Justice of Appeal

Representation:

Mr John Reading, S.A.C.P., for Crown/Respondent

Applicant in person