R. v. Mo Chor Kin

HCMA000142/1995

IN THE HIGH COURT

1995, No. 142
Magistracy Appeal

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Coram: Hon Litton, V.-P. sitting as an additional High Court Judge

Date of hearing: 9 June 1995

Date of judgment: 9 June 1995

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J U D G M E N T

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Litton, V.-P.:

1. This is an appeal against conviction. The appellant was convicted by Mr McNair at the Tuen Mun Magistracy on one charge of trafficking in heroin. The charge states that on 17 September 1994 outside Wang Hei House, Siu Hei Court, Tuen Mun the appellant unlawfully trafficked in 0.28 grammes of a mixture containing 0.05 grammes of salts of esters of morphine. He was sentenced to 34 months' imprisonment and had at the same time a two months' suspended sentence activated.

2. The facts fall within a small compass. The appellant was under observation by the police. He was seen outside Wang Hei House talking to a young woman. A young teenager then went up to him. The appellant handed to the boy a plastic straw and the boy gave him a $100 note. The boy was then stopped by the police and when searched they found the straw on him which contained the heroin in question. When the appellant was arrested the $100 note was found in his trouser pocket.

3. On these facts the magistrate drew the inference that he had been trafficking in the dangerous drugs. The magistrate was entitled to so conclude. The appeal against conviction is dismissed.

Representation:

Mr Wesley W.C. Wong (Crown Prosecutor) for Respondent/Crown

Appellant in person