R. v. CHAU CHUNG WAI

IN THE COURT OF APPEAL

1995, No. 126
(Criminal)

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentence of three years three months' imprisonment imposed upon him for blackmail.

2. It was quite a serious offence. The victim was a girl who was aged 16 at the time. There were three defendants charged. The second defendant did not attend his trial and the case proceeded in his absence.

3. The first defendant was the boyfriend of the victim. The 1st charge which involved the first and second defendant related to a demand with menaces which was made of the victim for $5,000 at the end of March 1993. The 2nd charge which was laid against the 2nd defendant and the 3rd defendant who is the applicant before us related to a demand made for $108,000 from the victim for what was described as being a separation fee. This was made on the 6 May 1993.

4. The actual demand was made by the 2nd defendant but the applicant fully supported him and some violence was resorted to.

5. The victim only made a report to the police when damage was occasioned to the premises she occupied after she declined to make the payment demanded. A metal chain and a lock had been installed at the premises. Also threatening words had been painted on the wall. She concluded that these acts had been perpetrated by the defendants.

6. In his grounds of appeal the applicant claims that he had not intended to extort money from the victim. This plea is not open to him on an appeal against sentence as the trial judge made a finding of fact that he had been a party to making demands of the victim with menaces.

7. Before us he contended that his entire role in the matter was a minor one. We do not accept this. We are satisfied that the sentence which was imposed was in no way manifestly excessive or wrong in principle and this application is without merit. It is accordingly dismissed.