R. v. WONG KWOK HUNG

1996, No.85
(Criminal)

IN THE COURT OF APPEAL

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J U D G M E N T

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Sears, J. : (Delivering the judgment of the Court)

1. On January 10 1996 the applicant, together with another, was convicted of robbery before P. Chan J. and each was sentenced to 8 years imprisonment. On July 12 1996, the Court of Appeal dismissed his appeal against conviction.

2. The applicant has now made an application for leave to appeal against sentence out of time.

3. The only ground he has put forward for the delay is that he now considers that the sentence was too high. We can see no grounds for allowing the application for leave to appeal out of time and we would therefore dismiss it, but in our judgment the sentence that the judge imposed was obviously appropriate for this type of offence where a group of persons arm themselves with knives and carry out blindfolding and tying up people when they break into private premises.

4. The only matter which Mr Poll raises is that the applicant had given some evidence in a Customs' case unconnected with the current case and is intending to give evidence in the future in relation to certain disciplinary proceedings. The judge said that he did not take that into account. Even had he taken that into account, in our judgment, it would not have in anyway altered the overall sentence of eight years.

5. This application is therefore dismissed.