THE QUEEN v. TAM YI-YUEN

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JUDGMENT

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Mortimer JA (giving the judgment of the Court):

1. This applicant applies for leave to appeal against his sentence out of time. He was sentenced by Deputy Judge Brazier on 27 August 1996 for two offences of trafficking in heroin. He was sentenced to a total of 6 years imprisonment. He did not seek leave to appeal against those sentences but on 14 November 1996 he applied to this Court for leave to appeal out of time.

2. There are two matters that he advances. He says all along he wanted to appeal against his sentence but this was not done because first, he discussed the matter with relatives in China to get their agreement; and secondly, with relatives in the United States to seek their agreement. He said that was why his application was delayed. The rules on time limits for appealing against sentence or conviction are clearly laid down. They have to be complied with unless there is very good reason for not doing so. This Court cannot give leave to apply out of time unless there is a good reason. The reasons advanced by this applicant are certainly not good reasons, so the application is refused.

3. However, before parting with this matter, each member of this Court has considered the papers with some care. The sentences which were passed by the judge after a plea of guilty were sentences which in all the circumstances were well within the proper range of sentences for this type of offence. The applicant was given credit for his plea in a proper manner. If an application for leave to appeal had been allowed, there is no basis that this Court can see for such an application being successful. In the result this application is refused.