LEUNG CHO KUEN v. R.

IN THE COURT OF APPEAL

1994, No. 25
(Criminal)

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J U D G M E N T

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Litton, J.A. giving the judgment of the court:

1. This is an application for leave to appeal against sentence. The applicant was convicted in the High Court on three charges of robbery for which the judge, Mr Justice Patrick Chan, sentenced him to a total of eight years' imprisonment, those sentences to run concurrently with a sentence for trafficking in dangerous drugs which the applicant was then serving.

2. The three offences bore considerable similarity. In each the applicant had a confederate. They forced their way into domestic premises, tied the victims up, threatened them with weapons and ransacked the premises.

3. In relation to the first two offences cash and gold ornaments were stolen. It seems to us that the total sentence of eight years was a merciful one.

In our judgment the sentence was a proper one. This application for leave to appeal against that sentence is frivolous. In dismissing this application we order that the applicant should also incur a loss of time of three months.