R. v. WONG KWOK CHEONG

IN THE COURT OF APPEAL

1994, No. 567
(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. This is an application for an extension of time to lodge an appeal against sentence. The applicant aged 30 was convicted on 8 November 1994 after trial in the High Court on one count of having arms and ammunition with intent to commit robbery.

2. The applicant was the leader of a gang who aimed to rob a car salesman in November 1993 and for that purpose armed themselves with a Colt .45 pistol. The information regarding the victim had been provided by an undercover police officer and the intended victim was in fact fictitious. The gang was on its way to the robbery when it was intercepted by the police. The .45 Colt pistol with three rounds of ammunition in the chamber was carried by one of the gang - not the applicant.

3. The applicant was sentenced to 12 years' imprisonment. He sought leave to appeal against his conviction and that application was heard by another division of this court on 7 September 1995, when it was dismissed. Then two weeks later the applicant made the present application in relation to sentence.

4. We have looked at the Judge's reasons for sentence. He took as his starting point 14 years and gave reductions because the offence was instigated by the undercover police officer and because of the information that the applicant had given to the police.

5. The applicant in support of his application today pleads personal circumstances: his ill-health and the fact that his father is suffering from cancer.

6. In our judgment there are no grounds for disturbing the sentence passed by the Judge. There are no grounds for an extension of time to lodge an application to appeal against sentence. The application is therefore dismissed.