Law Kwok-ming v. The Queen
Read the full judgment text of CACC 316/1970 on BabelCite. This Court of Appeal judgment was delivered on 9 July 1970.
1. In this case the appellant, having pleaded not guilty, was convicted of possession of a mixture containing a dangerous drug, the quantity of the drug being less than 0.1 gramme. He is 38 years of age and has never previously been convicted of any offence during his 20 years in Hong Kong. The learned magistrate accepted that he was not an addict. His counsel chose to argue the appeal against sentence first and I allowed that appeal, taking the view that such an offence is not so heinous that t
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CACC000316/1970 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO. 316 OF 1970 -----------------
----------------- Coram: Mills-Owens J. in Court. Date of Judgment: 9 July 1970 ----------------- JUDGMENT ----------------- 1. In this case the appellant, having pleaded not guilty, was convicted of possession of a mixture containing a dangerous drug, the quantity of the drug being less than 0.1 gramme. He is 38 years of age and has never previously been convicted of any offence during his 20 years in Hong Kong. The learned magistrate accepted that he was not an addict. His counsel chose to argue the appeal against sentence first and I allowed that appeal, taking the view that such an offence is not so heinous that the appellant might not, as a first offender, be given a chance. Accordingly I substituted for the sentence of 6 months imprisonment a conditional discharge (in the sum of $500 for 12 months) without a conviction being recorded. In order to preserve his position, with the concurrence of counsel, his appeal against conviction was adjourned sine die.
9 JUL 1970 Representation: Miss Pamela Lee for Appellant. Evans (Crown counsel) for Respondent. |