R. v. KWOK PAK WA

IN THE COURT OF APPEAL

1995, No. 364
(Criminal)

___________

________________

J U D G M E N T

________________

Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentences imposed upon him for two burglaries. He was sentenced to a total of three years and three months' imprisonment.

2. The burglaries were committed on domestic premises at night. The applicant was caught after an alarm was raised. He pleaded guilty to two offences.

3. His Honour Judge Davies sentenced him to 2½ years' imprisonment on the first charge and 9 months on the second to be served consecutively. In passing the second sentence Deputy Judge Davies was mindful of the totality of the offences.

4. The applicant claims in his grounds of appeal that he was guilty of theft and not burglary. On the agreed facts this clearly was not the case. In fact it would appear that the applicant accepts that.

5. The applicant has a bad record having been convicted of a number of burglary and theft related offences in the past. He also appears to have had a drug addiction problem.

6. The total sentence imposed was not excessive or wrong in principle and this application is dismissed.