R. v. Leung Chun Man

HCMA001035/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1035 OF 1995

___________

___________

Coram: Hon. Duffy, J. in Court

Date of hearing: 29 November 1995

Date of handing down judgment: 6 December 1995

________________

J U D G M E N T

________________

1. This was an appeal against a sentence of 10 months imposed for trafficking in dangerous drugs. The offence was committed in 1984, but the appellant had absconded while on bail, and had not been re-arrested until he returned to Hong Kong in 1995. He had spent the interim period in Taiwan, and while he had previous convictions for drug offences, it appeared that he had rid himself of the drug habit and had stayed out of trouble in other respects.

2. The learned magistrate quite properly dealt with him in accordance with the sentencing norms applicable in 1984 and concluded that a starting point of 15 months was appropriate. He gave the appellant a discount of 1(3 for his plea of guilty. I felt, in all the circumstances, that a further discount could be allowed and I reduced the sentence from 10 months to 7 months.

Representation:

Ms M.A. Crabtree, D.P.C.C., for Crown

Appellant (Leung Chun Man) in person