HKSAR v. CHAN YUET WING

CACC 212/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 212 OF 2002

(ON APPEAL FROM DCCC 249 OF 2002)

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J U D G M E N T

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1. Notwithstanding what the applicant says this was a case of burglary of commercial premises. The fact that he was under the influence of alcohol is not a mitigating factor.

2. There were no special circumstances such as to justify a departure from the guideline starting point of 21/2 years' imprisonment for the burglary of commercial premises. There is also no reason to doubt the accuracy of the statements made by Mr Mui his legal adviser on affidavit.

3. This application for leave to appeal against sentence is accordingly dismissed.