R. v. CHAN CHI HING

IN THE COURT OF APPEAL

1994, No. 620
(Criminal)

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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. The applicant Chan Chi-hing seeks leave to appeal against a sentence of two years and nine months' imprisonment imposed by His Honour Judge Kilgour in the District Court in November 1994. The applicant was originally charged with two others and he pleaded not guilty to the charge of burglary. On the second day of trial and realising that the 2nd accused was likely to testify against him he changed his plea and pleaded guilty to the charge.

2. The burglary occurred on 29 November 1993 at the offices of Peregrine Brokerage Limited located in New World Tower, Queen's Road Central. A large number of scripts of a public company was stolen. The 2nd accused was the mastermind of the plot. The applicant and the 2nd accused were former employees of the brokerage company concerned. The applicant at the date of his conviction was 22 years old and had a clear record.

3. The judge took as his starting point three years nine months' imprisonment and discounted it to two years and nine months having regard to the circumstances, including the fact that the applicant had received a share of the proceeds of the sale of the stolen shares. The applicant had a supporting family, a fact which the judge in sentencing him took into account.

4. In our judgment the sentence of two years nine months' imprisonment is not excessive nor has the judge erred in principle in sentencing. The application is dismissed.