CHOI SIU-MING v. R.

IN THE COURT OF APPEAL

1993, No 248
(Criminal)

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J U D G M E N T

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Mortimer, J.A. (giving the judgment of the Court) : This applicant originally appealed against his conviction for a number of offences including criminal damage, arson, blackmail and professing to be a member of a triad society. He received a total effective sentence of five years imprisonment.

2. At the outset of this hearing he abandoned his appeal against conviction, but applies for leave to appeal against sentence out of time. No application for such leave had been made until this morning. He advances no reasons for his application for leave to appeal out of time, save that he originally intended to appeal against his conviction but was unable to raise the money to brief counsel and says that he would now like to appeal against sentence.

3. If this Court is to give leave to appeal against sentence out of time there must be some good reason for the appeal not having been launched in time. No good reason is advanced and the application is therefore refused.

4. We add that the facts of the cases show that this was extremely serious organised criminal conduct, and for such conduct, even when prosecuted in the District Court, this was a lenient sentence.