R. v. Wong Man Hei

CACC000322/1995

IN THE COURT OF APPEAL

1995, No. 322
(Criminal)

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Coram: Hon Power, V.-P. and Mayo, J.A.

Date of hearing: 6 October 1995

Date of judgment: 6 October 1995

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The applicant was the first defendant at the trial below. He seeks leave to appeal against the sentences of two years and seven years' imprisonment passed on him for trafficking in dangerous drugs.

2. The facts of the case were as follows. In the afternoon of 25 July 1994, the applicant and the second defendant in the trial below were seen coming out from the Hing Lin Building at 210 Tong Mei Road, Mongkok, Kowloon.

3. They were walking hastily towards Lai Chi Kok Road when they were stopped by police officers who separated them and searched them.

4. Outside 140 Lai Chi Kok Road, three packets of suspected dangerous drugs were found to be hidden in the packet of 'Vita' Lemon Tea in the applicant's hand. When asked what they were, the applicant replied, "Ah sir, they are white powder." Upon being arrested and cautioned, the applicant said, "Ah Sir, this is my first time, give me a chance."

5. A further search unearthed a set of two keys from the applicant's person. He said that the keys were to his home which he said earlier to be at Flat F, 14/F, 210 Tong Mei Road, Mongkok, Kowloon.

6. Both men were taken to the address and the police entered the flat with the keys which were seized.

7. A search of the flat revealed, amongst other things, a brick-shaped substance and 23 plastic bags of a mixture, both of which were suspected to be dangerous drugs. There were also found cash $57,400 and packing paraphernalia including a hammer, a pair of scissors, a scale and three bundles of resealable plastic bags.

8. The dangerous drugs which were found on the applicant were the subject matter of the first charge and the dangerous drugs found in the flat of the second charge.

9. The quantity of dangerous drugs from the first charge was 34.14 grams of a mixture containing 3.62 grams of salts of esters of morphine and 740.18 grams of a mixture containing 105.17 grams of salts of esters of morphine was the amount found in the flat the subject matter of the second charge.

10. The applicant also made a cautioned statement in which he admitted the offences and also stated that the $57,400 which was found in the flat were the proceeds of trafficking in dangerous drugs.

11. The applicant was aged 17 at the time of the offence pleaded guilty to both charges.

12. Saied J in passing sentence had regard to the totality of the sentences to be imposed and adopted 10 years' imprisonment as the starting point for the total sentences to be served. He gave the applicant credit for his plea and was mindful of his youth and his unpropitious family background.

13. In his grounds of appeal the applicant states that he is remorseful and that he had succumbed to temptation.

14. It is quite clear from the agreed facts which we have outlined that the applicant was engaged in an active trafficking operation and we do not think that the trial judge can be faulted for adopting 10 years' imprisonment as a starting point.

15. It is also to be observed that notwithstanding the applicant's youth he already has a record for possession of dangerous drugs.

16. We do not consider that we would be justified in interfering with this sentences. The application is dismissed.

Representation:

Ms Wong Kam Hing for Crown Prosecutor

Wong Man-hei, Applicant - in person/present