R. v. Yau Hung Yu

HCMA001506/1994

MAGISTRACY APPEAL NO.1506 OF 1994

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

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Coram : Hon Ryan, J. in Court

Date of hearing : 16 February 1995

Date of delivery of judgment : 16 February 1995

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J U D G M E N T

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1. The appellant was convicted on a plea of guilty to a charge of trafficking in a dangerous drug. The narcotic content of the mixture being 0.16 grammes.

2. The magistrate took as a starting point for sentence 3 years' imprisonment and after taking into account the guilty plea and other factors imposed a sentence of 2 years and 3 months' imprisonment. The Crown conceded that this was wrong in that Lau Tak Ming provides, in respect of a trafficking offence, after trial, for imprisonment of 2 to 5 years where the narcotic is less than 10 grammes. Given the small amount of narcotic the starting point, after trial, that the magistrate should have adopted should have been 2 years' imprisonment.

3. I allow the appeal and reduced the sentence to 12 months' imprisonment.

Representation:

Mr Arthur for Crown

Mr Paul K.N. Wu, inst'd by D.L.A., for Appellant