Kan Kam Kwun v. The Queen

CACC000268/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 268 OF 1972

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Coram: Leonard, J.

Date of Judgment:

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JUDGMENT

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1. This also is an appeal against sentence. It differs greatly from the Criminal Appeal No. 243 of 1972. In this case the appellant was found to have in his possession 48 packets of dangerous drugs. He also had in his possession a relatively large sum of money consisting of ten $10 notes, eight $5 notes, twenty-six $1 coins and five 50¢ coins and in the court below he gave no explanation whatsoever as to why he had this money in his possession in the from in which it was.

2. When he appeared before me he claimed that the twenty-six single dollar coins had been change from a $100 note given to him when he bought the heroin for his own consumption. I asked him why he paid with a $100 note when he had so many $10 notes in his possession and he said that in fact these $10 notes were planted on him by the detective. This was another suggestion which was not advanced in the court below.

3. Under these circumstances, what I have referred to as the "tariff" sentence of eighteen months for possession of a relatively small quantity of dangerous drugs for the purposes of trafficking does not apply. A sentence of three years term in such case as this can not be regarded in any way excessive.

4. I accordingly dismiss this appeal.

Representation: