R. v. LAI KIN CHUNG

IN THE COURT OF APPEAL

1996, No. 370
(Criminal)

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J U D G M E N T

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

1. The applicant seeks leave to appeal against the total sentence of 2½ years' imprisonment imposed upon him in respect of his convictions on 20 counts of theft. He pleaded guilty to all of these offences.

2. It was a simple case. The applicant was a salesman of computer software. Between February and May 1995 he forged a number of cheques and obtained the proceeds of the amounts referred to in the cheques. The account upon which the cheques were drawn was his employer's account and he forged the signature of one of the authorised signatories of the account. The total amount involved was $213,500. HH Judge Pang sentenced him to three years' imprisonment on all of the charges and gave the applicant credit for six months on each count for the guilty plea. He also ordered that all of the sentences should run concurrently.

3. In the application before us the applicant complains that he was given an insufficient discount for his guilty plea and that insufficient credit was given for the partial restitution of the moneys owing and his offer to make complete restitution over a period of time.

4. He also claims that the Judge does not appear to have accepted the sincerity of the offers which he had made to the court.

5. Before us he said how remorseful he felt and that he did indeed want to repay the moneys.

6. There is some merit in the submission that the applicant should have received a discount of 1/3 for his guilty pleas.

7. However it should also be noted that there were altogether 20 offences committed over a period of some months and the applicant could count himself fortunate that all of the sentences were ordered to be served concurrently.

8. Having regard to the overall penalty imposed for these offences we are not persuaded that the total sentences was either manifestly excessive or wrong in principle. Accordingly the application is dismissed.