HKSAR v. Yip Kwan Hung
Read the full judgment text of HCMA 131/1999 on BabelCite. This High Court CFI judgment was delivered on 2 March 1999.
1. The Appellant appeared before the Magistrate on 24 November 1998 when he pleaded not guilty to a charge of injection of a dangerous drug, namely, heroin hydrochloride. It was only on 4 January 1999 when the matter came up for trial that he admitted the offence and pleaded guilty.
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HCMA000131/1999 HCMA131/99 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 131 OF 1999 ----------------------
----------------------- Coram : Hon Woo J. in Court Date of hearing : 2 March 1999 Date of judgment : 2 March 1999 ------------------------- J U D G M E N T ------------------------- 1. The Appellant appeared before the Magistrate on 24 November 1998 when he pleaded not guilty to a charge of injection of a dangerous drug, namely, heroin hydrochloride. It was only on 4 January 1999 when the matter came up for trial that he admitted the offence and pleaded guilty. 2. According to the case ofR v Lam Wai Ping, M.A. Nos.239 and 240 of 1997 (17 June 1997, unreported), my learned brother Patrick Chan J (as he then was) held that a reduction of the sentence by a later plea by one-quarter could not be faulted. The Magistrate obviously took into account that authority. He adopted a starting point of 12 months and because of the plea, but not at the first opportunity, he reduced it by one-quarter to nine months' imprisonment. 3. I do not see the sentence being wrong in principle in any way or excessive. I therefore dismiss the appeal.
Representation: Mr William Lam, S.G.C. of DPP, for HKSAR Appellant in person, present |