HKSAR v. Yung Ngok Wah

HCMA000883/1999

HCMA883/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 883 OF 1999

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Coram : Deputy Judge Tong in Court

Date of hearing : 17 November 1999

Date of judgment : 17 November 1999

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J U D G M E N T

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1. The Appellant was charged with one count of possession of drugs involving 0.14 grammes of herion hydrochloride. He pleaded guilty and was sentenced to nine months' imprisonment. He now appeals against that sentence.

2. The learned Magistrate had fully explained the sentencing basis in his Reasons for Sentence. He adopted 12 months as a starting point and reduced it to nine months. The full one-third discount was not granted because the plea was delayed. Different Magistrates adopt different approaches in considering the effect of delay on the extent of the discount. It is really a matter within the discretion of each sentencing Magistrate.

3. The Appellant is now 53 years of age, and has quite a number of previous convictions involving drugs. The last conviction was in 1998.

4. The Appellant's only ground of appeal this morning was that he had received a fine of $300 on a previous occasion and that this time the sentence was the most severe of all. Such a reason affords no ground for me to interfere with the sentence. It perhaps shows that the previous sentence was too lenient

5. I see no merits in this appeal. The sentence of nine months is a proper one, not wrong in principle nor manifestly excessive. I will dismiss the appeal accordingly.

Representation:

Mr David Leung, SGC of DPP, for HKSAR

Appellant in person, present