R. v. SHUM CHI KEUNG

CACC000246/1996

IN THE COURT OF APPEAL

1996, No. 246
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
SHUM CHI KEUNG Applicant

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Coram: Hon Litton, V.-P., Liu and Ching, JJ.A. in Court

Date of hearing: 23 August 1996

Date of judgment: 23 August 1996

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J U D G M E N T

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Litton, V.-P. (giving the judgment of the Court):

1. This is an application for leave to appeal against sentence.

2. The applicant pleaded guilty to one charge of burglary in the District Court and was sentenced by HH Judge Hawkes on 17 April 1996to two-and-a-half years’ imprisonment.

3. The offence occurred in August 1990 when the applicant was about 25 years old. He entered a flat on the 47/F of Block I, Park Tower,King’s Road as a trespasser and stole cash. The applicant was put on trial for his burglary in March 1991 but he absconded and failedto appear at his trial. It was not until January 1996 that the applicant was re-arrested when he was stopped at the Immigration counteron his return from China.

4. The applicant does not have the benefit of a clear record. Amongst his previous convictions are three convictions for burglary, forone of which he was sent to a training centre. He apparently did not benefit from the period of training.

5. There are no grounds of appeal. This application for leave is dismissed.

(Henry Litton) (B. Liu) (Charles Ching)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr F. Veltro, SCC (Crown Prosecutor) for Crown/Respondent

Applicant in person