HKSAR v. Chan Kam Wa

CACC000279/1997

IN THE COURT OF APPEAL

1997, No.279
(Criminal)

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Coram: Hon. Power, V.-P., Mayo, J.A. & Stuart-Moore, J.

Date of Hearing: 19 November 1997

Date of Judgment: 19 November 1997

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. In this matter the applicant pleaded guilty to one charge of trafficking in dangerous drugs. The amount involved was 15.94 grammes of a mixture containing 13.25 grammes of heroin. The trial judge, correctly, when sentencing, took a starting point of five years. He said:

"Pleas of guilty are to be encouraged. Current thinking is that for a plea on the first possible occasion a discount of one-third of the sentence is allowed. A plea on the last possible occasion, as in this instance, attracts a discount of one quarter. Consequently, the period of 5 years falls to be reduced to 3 years and 9 months.."

No criticism can be made of that sentence. We repeat what the judge said - a one-third discount will be given where the plea has been made at the earliest possible opportunity, and the failure to plead then and to enter a plea at a later stage will not attract the full one-third discount. This applicant may have been under some misapprehension in this matter and so, although his appeal was without merit, we will not order loss of time.

2. The application is dismissed.

Representation:

Ms.Chan Fung-shan, Denise, S.G.C. (D.P.P.) for the Respondent.

Applicant in person.