R. v. Lau Loi Fat

CACC000226/1996

IN THE COURT OF APPEAL

1996, No. 226
(Criminal)

--------------------

Coram: Hon Nazareth, V-P, Mortimer and Mayo, JJ.A.

Date of hearing: 2 October 1996

Date of judgment: 2 October 1996

----------------------

J U D G M E N T

----------------------

Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentence of 16 years' imprisonment imposed upon him for trafficking in dangerous drugs.

2. The applicant was apprehended while attempting to board a flight at Kai Tak. He was searched and found to have in his possession a quantity of dangerous drugs. The quantity of narcotic content was 1252 grammes. This amount is slightly in excess of double what is referred to in Lau Tak Ming as being "a very large quantity" of dangerous drugs. The applicant pleaded guilty at his trial and everything which could have been said for him in mitigation was said by his counsel Mr McCoy.

3. Saied, J. was clearly well aware of the mitigating factors and adopted 24 years as his starting point and gave the applicant a full discount of 1/3 for his early plea. It is noted that the applicant tried to assist the authorities by providing further information but this was not possible as the information he was able to give was already known to the police.

4. This was a matter which Saied, J. was clearly aware of and must have been weighed in the balance in determining the amount of discount be given.

5. His distressing family circumstances would not be a factor enabling the judge to give a further discount in the sentence imposed.

6. The sentence imposed was neither manifestly excessive nor wrong in principle and this application is therefore dismissed.

Representation:

Mr D.G. Saw for Crown Prosecutor

Mr Keith, J. Oderberg (Kitty So & Tong) for Applicant