HKSAR v. Tong Kwong Hung
Read the full judgment text of HCMA 242/1998 on BabelCite. This High Court CFI judgment was delivered on 29 April 1998.
1. The Appellant pleaded guilty to possession of dangerous drug, namely 0.28 grammes of heroin hydrochloride. The Magistrate imposed a sentence of nine months' imprisonment and also activated a previous suspended sentence which was not being appealed against.
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HCMA000242/1998 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 242 OF 1998 -----------------
---------------------- Coram : Hon Mr Justice Cheung in Court Date of hearing : 29 April 1998 Date of delivery of judgment : 29 April 1998 -------------------- J U D G M E N T -------------------- 1. The Appellant pleaded guilty to possession of dangerous drug, namely 0.28 grammes of heroin hydrochloride. The Magistrate imposed a sentence of nine months' imprisonment and also activated a previous suspended sentence which was not being appealed against. 2. The Magistrate adopted a 12 months starting point, reducing it by one quarter for the guilty plea. The Appellant had 43 previous convictions, 16 of which were drugs related. The starting point of 12 months imprisonment is in accordance with the tariff. The Magistrate is correct not to give the usual one-third discount. Nine months' imprisonment is appropriate and the appeal is dismissed. Representation: Mr Cheung Wai Sun, Deputy Principal Government Counsel, for Director of Public Prosecutions Appellant in person
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