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CACC000164/1996
IN THE COURT OF APPEAL
1996, No. 164
(Criminal)
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HKSAR |
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AND |
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LEUNG KA-CHEONG |
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Coram : Power, V-P and Mortimer, V-P, and Mayo, JA in Court
Date of judgment : 31 July 1997
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J U D G M E N T
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Mortimer, V.-P. (giving the judgment of the Court):
1. On 14 March 1996 the applicant was convicted after trial for an offence of assault with intent to rob by Her Honour Judge Chu in the District Court. He was sentenced to 4 years imprisonment.
2. He applied for leave to appeal against his conviction on 21 March 1996. On 19 November 1996 he abandoned his application for leave to appeal. By that time a transcript had been obtained and he had been refused legal aid. Now by an application in 1 January 1997, he applies to reinstate his application for leave.
3. For that he gives no reasons. In his written application he simply sets out those facts. When asked today what his reason was for abandoning his original application, he says that he thought it was without merit.
4. Those are not good reasons for applying to reinstate a notice of application for leave to appeal. On those grounds it is necessary for his application to be refused. Applicants cannot treat the court in this cavalier fashion by abandoning a notice and then for no reason seeking to reinstate it.
5. However, this Court has read the papers with some care, including the reasons for verdict and the transcript which was provided earlier; and on this at least, the applicant was right. There is no merit in the application.
6. This application is refused.
(N.P. Power)
Vice President |
(Barry Mortimer)
Vice President |
(Simon Mayo)
Justice of Appeal |
Representation:
Applicant in person
Mr A.A. Bruce SC and Mr Edmond Lee (DPP) for Respondent
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