HKSAR v. Li Yun Sang

CACC000190/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1998, No. 190
(Criminal)

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Coram: Hon. Power, V.-P., Mayo and Stuart-Moore, JJ.A. in Court

Date of hearing: 25 June 1998

Date of delivery of judgment: 25 June 1998

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J U D G M E N T

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

1. The Applicant who was aged 15 at the time of the offence pleaded guilty to trafficking in a substantial quantity of heroin. The quantity involved was 109.74 grammes of a mixture containing 59.58 grammes of heroin hydrochloride. He was sentenced by Saied, J. to 4 1/2 years' imprisonment.

2. It is evident from the Judge's Reasons for Sentence that he gave the most anxious consideration to all of the relevant factors including particularly the tender age of the Applicant. In this connection Ms Remedios who represented the Applicant referred us to the various cases which deal with the approach to be adopted towards youthful offenders. She placed particular reliance on Attorney General v. LI Chi-ko and others [1987] HKLR 1233 where it was held that the age of 15 could be regarded as extreme youth and thus be regarded as an exceptional circumstance. It is apparent from p. 32 of the Judge's Reasons for Sentence that he was fully mindful of this aspect of the matter and considered this in the context of LAU Tak-ming [1990] 2 HKLR 370.

3. The Judge concluded that in all the circumstances there was no alternative to sending the Applicant to prison for a lengthy term. He adopted eight years as his starting point and gave credit to the Applicant for both his guilty plea and for his co-operation with the authorities.

4. Ms Remedios urges us to consider sentencing this youth to detention in a Training Centre. No convincing reason is given to support such an order. Clearly the Judge did consider carefully all of the relevant factors. He also took cognisance of the obvious fact that if unduly lenient sentences are imposed upon youngsters who traffick in dangerous drugs, they will be employed by persons engaged in these activities. This point was emphasised by Silke, V.-P. in the Attorney General v. SUEN Yuen-ming [1989] 2HKLR 403.

5. Having regard to the quantity of drugs involved the sentence imposed was a lenient sentence. This application is dismissed.

Representation:

Mr. D.G. Saw, S.C., S.A.D.P.P. & Ms Grace Chan, S.G.C., (D.P.P.) for Respondent

Ms Corinne Remedios assigned by D.L.A. for Applicant