HKSAR v. CHAN KAM WAH

CACC 70/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 70 OF 2002

(ON APPEAL FROM DCCC 800 OF 2001)

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J U D G M E N T

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1. There was ample evidence before the Judge to support this conviction. The applicant has not advanced any grounds which are in any way convincing. The application for leave to appeal against conviction is dismissed.

2. The applicant's main grievance concerning the sentence imposed is that the Judge added six months to the starting point adopted of three years' imprisonment on account of the applicant's bad record. In this connection the Judge referred to twelve previous convictions. Mr Tso for the respondent has very helpfully pointed out that in fact the applicant only has four previous convictions which are relevant to the present offence. However this is still a bad record and the public is entitled to be protected from the deprivations of this applicant. While the sentence was a heavy one it was not in my view manifestly excessive. This application is also dismissed.