R. v. Wong Chi Nuen

HCMA000022/1997

1997, NO. MA 22

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 22 OF 1997

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Coram: Hon Patrick Chan, J. in Court

Date of hearing: 19 March 1997

Date of judgment: 19 March 1997

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J U D G M E N T

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1. The appellant pleaded guilty to inhaling dangerous drugs and was sentenced to eight months' imprisonment. He and another person were found in a hut inhaling dangerous drugs. He had 14 previous convictions and nine were related to drugs.

2. The magistrate referred to cases of possession of dangerous drugs where the usual tariff would be nine to twelve months' imprisonment after plea and twelve months after trial. He considered inhaling dangerous drugs is similarly as serious as simple possession.

3. In my view, he has applied the correct principle. There was nothing in what the appellant had said which could persuade me that the sentence of eight months on a plea is neither wrong in principle nor manifestly excessive. For this reason, I will dismiss the appeal.

Representation:

Mr Frank Veltro, S.C.C., for Crown

Appellant in person