HKSAR v. Babar, Imran

HCMA 556/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 556 OF 2015

(ON APPEAL FROM KTCC NO 2510 OF 2015)

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J U D G M E N T

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1.The appellant appears in person and seeks to abandon his appeal against sentence.

2.The appellant was convicted after trial on 30 July 2015 in the Magistrate’s Court of a single offence of possession of dangerous drugs.  On 20 August 2015, he was sentenced to 4 months’ imprisonment after being found unsuitable for admission to a Drug Addiction Treatment Centre. 

3.On 10 September 2015, he applied to review his sentence which was refused by the Magistrate.

4.On 17 September 2015, he appealed his sentence on the ground that it was too severe.

5.On 29 September 2015, an application for bail pending appeal in the Court of First Instance was refused on the ground that the appeal had no prospect of success.

6.The offence for which the appellant was convicted concerned his possession of a quantity of 0.08 g of a crystalline solid containing methamphetamine hydrochloride, commonly known as Ice.  In sentencing, the Magistrate applied the Court of Appeal decision of HKSAR v Mok Cho Tik [2001] 1 HKC 261 and imposed a sentence of 4 months’ imprisonment.  This was clearly in line with the guideline fixed by the Court of Appeal. 

7.If the appeal had proceeded I would not have allowed it, as there is no basis to warrant any interference with the sentence by this Court.  I grant the appellant leave to abandon his appeal and dismiss it accordingly.

Mr Jones Tsui, SPP of Department of Justice, for HKSAR

The appellant appeared in person