Mak Kui-sang v. The Queen

CACC000177/1978

Coram: Briggs, C.J.

Date of Judgment: 7th April, 1978.

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JUDGMENT

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1. The appellant was found guilty of trafficking in dangerous drugs and sentenced to two and a half years' imprisonment and a fine of $4,000 or three months in default, consecutive. He appeals against his sentence.

2. The facts were simple. The appellant was seen making a single sale of a small quantity of dangerous drugs and arrested immediately afterwards. The amount of drugs involved was 0.3 gramme of a mixture containing 0.1 gramme of salts of esters of morphine and the amount of money involved was approximately $40. The appellant was treated as a first offender and is a man in his fifties. He is employed as a public light bus driver but is not in regular employment. When he is employed he makes about $60 per day.

3. Counsel told the court that the usual sentence for an offence of this nature is a sentence of imprisonment of between 18 months and two years. Counsel quoted the case of Cheung Kwok-hung v. The Queen⁽¹⁾. That was a case which was very similar to the present case and a sentence of two and a half years' imprisonment was reduced to eighteen months. In that case the appellant had a previous conviction for trafficking and also the amount of drugs involved was slightly larger than in the present case.

4. In my view, the sentence imposed in this case was manifestly excessive. The sentence must be quashed and in lieu I impose a sentence of eighteen months' imprisonment. If the fine has been paid it must be returned to the appellant.

Representation:

Miss Fi-lan CHUA (D.L.A.) for appellant.

Aiken for the Crown/Respondent.

(1) (1976) 6 H.K.L.J. 375.