The Queen v. Ho Chun Man

Read the full judgment text of HCMA 874/1996 on BabelCite. This High Court CFI judgment was delivered on 20 September 1996.

1. It is convenient to deal with these two appeals together. In both cases the appellant pleaded guilty to being in possession of small quantities of dangerous drugs. Each offence was separate and distinct and the learned magistrate passed consecutive sentence of six months' imprisonment for both offences.

Case No.HCMA 874/1996
Court
High Court CFI
Date20 Sep 1996
Judge
Case Document
100%Judiciary

HCMA000874/1996

IN THE SUPREME COURT  
   
  1996, No. 873
  Magistracy Appeal
and  
  1996, No. 874
  Magistracy Appeal

BETWEEN    
  THE QUEEN Respondent
  and  
  HO CHUN MAN Appellant

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Coram: Hon Mayo JA in Court (sitting as an additional High Court Judge)

Date of hearing: 20 September 1996

Date of Judgment: 20 September 1996

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JUDGMENT

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Mayo JA:

1. It is convenient to deal with these two appeals together. In both cases the appellant pleaded guilty to being in possession of small quantities of dangerous drugs. Each offence was separate and distinct and the learned magistrate passed consecutive sentence of six months' imprisonment for both offences.

2. The appellant has a long history of drug abuse. Unfortunately it would not appear to be feasible to order any other form of punishment than imprisonment. The terms of imprisonment ordered were in accordance with sentencing practice and indeed could in all the circumstances be considered as having been merciful.

3. Before me the appellant requested that I should suspend the sentences. Unfortunately I do not think that this is an option which is open to me in the circumstances of this case. I am of the opinion that there are no grounds for me to interfere with the sentence which was imposed. These appeals must be dismissed.

  (Simon Mayo)
  sitting as an additional High Court Judge

Representation:

Mr Arthur Luk for Crown Prosecutor

Ho Chun Man - Appellant in person/present