R. v. WONG YIU CHUNG

IN THE COURT OF APPEAL

1996, No. 69
(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' imprisonment imposed upon him in respect of three counts of burglary. The applicant pleaded guilty to all these counts.

2. The modus operandi are similar in each case. The applicant broke into domestic premises at night and stole whatever cash he could find. All the burglaries were undertaken in the same block of flats which is the block where he resides with his family. The offences occurred in August, November and December 1993 and should accordingly be considered as separate and distinct offences. He was essentially caught red handed.

3. The trial judge HH Judge Hawkes considered three years' imprisonment to be an appropriate sentence in each case. However he felt unable to make all the offences concurrent and adopting the totality principle considered five years' imprisonment to be the appropriate starting point.

4. He gave the applicant a generous discount for his co-operation with the police and his guilty pleas.

5. It would appear from the background report which was obtained that the applicant has been addicted to heroin and that this was a factor which weighed heavily as constituting a motive for these offences.

6. In his grounds of appeal the applicant refers to his desire to turn over a new leaf.

7. He also referred to another case which was of little assistance.

8. The sentence was neither excessive nor wrong in principle. The application is dismissed.