HKSAR v. Siu Pui Ching

CACC000231/1997

IN THE COURT OF APPEAL

1997, No. 231
(Criminal)

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Coram: Hon. Power, V.-P., Mortimer, V.-P. and Mayo, J.A. in Court

Date of hearing: 5 December 1997

Date of delivery of judgment: 5 December 1997

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J U D G M E N T

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

1. The Applicant pleaded guilty to two counts of trafficking in dangerous drugs. The amount involved in the 1st charge was 27.91 grammes of a mixture containing 26.31 grammes of heroin hydrochloride and the 2nd charge 284.34 grammes of a mixture containing 250.35 grammes of heroin hydrochloride. He was sentenced to a total of 9 years' imprisonment for these offences and now seeks leave out of time to appeal against the sentences imposed.

2. No satisfactory reason has been given for the application not being made within the prescribed time.

3. It should be noted that even if the application had been made timeously, it would have had no prospect of success.

4. Gall, J correctly aggregated the amounts of the dangerous drugs found on the Applicant when he was arrested with the amount found in the premises he occupied and adopted as a starting point 13 1/2 years' imprisonment. This was entirely in conformity with the guidelines in Lau Tak Ming. He sentenced the Applicant to 4 years' imprisonment on the first charge and 9 years on the second and ordered that the sentences be served concurrently. He gave the Applicant the full one-third discount for his guilty pleas.

5. This being the case this application is dismissed.

Representation:

Mr. P.S. Chapman, SADPP (D.P.P.) for Respondent

Siu Pui Ching, Applicant in person