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CACC 290/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 290 OF 2009
(ON APPEAL FROM DCCC NO. 1231 OF 2008)
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HKSAR |
Respondent |
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VAITHILINGAM SIVARAJ |
Applicant |
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Before : Hon Ma CJHC & Hon Wright J in Court
Date of Hearing : 1 April 2010
Date of Judgment : 1 April 2010
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J U D G M E N T
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1. The Applicant seeks to renew his application for leave to appeal against sentence out of time. On 9 December 2009, Tang VP, in a reasoned decision, refused the application. He did so on two grounds : First, that insufficient reasons were provided to justify the extension of time; secondly, in any event, that the sentence of 40 months’ imprisonment for the two offences of common assault and wounding with intent was neither wrong in principle nor manifestly excessive (a sentence of 1 day had been imposed for the assault charge to run concurrently with the 40 months’ sentence for the wounding offence). These sentences were imposed by HH Judge Browne after the Applicant had pleaded guilty to the charges.
2. We have sympathy with the Applicant’s personal circumstances but there is insufficient merit in this renewed application, which is accordingly dismissed. The reasons provided by the Vice President fully support the decision to refuse leave to appeal out of time; we agree with those reasons.
(Geoffrey Ma)
Chief Judge, High Court |
(Alan Wright)
Judge of the Court of First Instance |
Ms Sally Yam of the Department of Justice for the Respondent
The Applicant Vaithilingam Sivaraj acting in person
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