R. v. VU DINH PHONG alias TRUONG MINH TUAN

IN THE COURT OF APPEAL

1992, No 375
(Criminal)

____________

_______________

J U D G M E N T

_______________

Kempster, JA:

1. This is the judgment of the Court.

2. On 25 August 1992 in the District Court Vu Dinh-phong was convicted on two charges of burglary by His Honour Judge Kilgour and sentenced to 2½ years' imprisonment on each; those sentences to run concurrently but to commence on the completion of an existing term of 4 years' imprisonment which he was serving. Against those sentences he seeks leave to appeal on no very distinct grounds save that he feels he will, if the sentences stand, have spent a protracted period behind bars before his release. This morning he has told us, as we accept, of the particular difficulties of Vietnamese boat people in this territory and of his own particular circumstances.

3. The offences in question took place during June and July 1992 in a supermarket and in a Chinese medicine shop in Tsuen Wan and involved overall some S91,000 in cash and wines, spirits, tobacco, ginseng and antler products said to be worth some $200,000.

4. The judge took into account the applicant's rather tardy plea of guilty and the overall period of imprisonment he would have to serve. As we see it, the applicant, who cannot lay claim to a clear record, played for high stakes and lost. His application for leave to appeal against sentence must be refused.