Case Document

100%

HCMA000077/1999

HCMA77/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 77 OF 1999

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BETWEEN
	HKSAR	Respondent

	AND

	LAU WAI MAN	Appellant

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Coram : Hon Woo J in Court

Date of hearing : 26 February 1999

Date of judgment : 26 February 1999

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J U D G M E N T

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1. The Appellant pleaded guilty to being in possession of 0.26 grammes of heroin hydrochloride and was sentenced to nine months' imprisonment by the Magistrate. He now appeals against sentence.

2. Having reviewed the recent authorities on tariff, the Magistrate used 12 months as the starting point and reduced it by a quarter to nine months' imprisonment because of the plea which was only made on the second appearance of the Appellant before the Court. That approach, which departs from the usual one-third reduction for a guilty plea, was expressly approved by my brother, Patrick Chan J, as he then was, in R v Lam Wai Ping HCMA Nos.239 and 240 of 1997 (17 June 1997, unreported). The Magistrate also took into account that decision in passing sentence in the present case. I do not find his approach being wrong or the present sentence inappropriate.

3. The appeal is dismissed.