HKSAR v. YEUNG CHING MUI

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 335
(Criminal)

---------------------------

----------------------

J U D G M E N T

----------------------

Rogers, J.A. (delivering the judgment of the Court) :

1. This is an application for leave to appeal against conviction and sentence. On 14th June this year the appellant was convicted before His Honour Judge Gill that on 16th March she attempted to burgle a house in the New Territories. The evidence against her was that she had been seen by the servant of the house climbing a ladder and then the ladder had been moved. The appellant was found in the courtyard of the house immediately afterwards. There were housebreaking tools close by.

2. The appellant appeals today upon the basis that the Judge did not weigh the evidence against her. The evidence was in a very small compass and it is quite clear from his very careful decision that he did weigh the evidence for and against her. In those circumstances, there is clearly no merit to this appeal.

3. On the first charge, the Judge sentenced the defendant to one year and six months imprisonment for attempted burglary. He also sentenced her to six months imprisonment in respect of being an illegal immigrant. The terms were ordered to run consecutively thus making a period of two years imprisonment. It seems to us that those sentences were in any event lenient.

4. In view of the fact that this appeal is totally devoid of merit, we order that a period of two months which has been spent awaiting appeal should not count towards serving the sentence.