Read the full judgment text of HCMA 000890/1996 on BabelCite. This High Court CFI judgment was delivered on 20 August 1996 before Stock J.
Criminal law – dangerous drugs – possession of apparatus fit and intended to be used for smoking a dangerous drug – sentencing – appeal – whether six months' imprisonment manifestly excessive – appellant aged 62 with 68 previous convictions, 40 drug-related – arrested on public staircase of a block of flats holding tinfoil and paper with heroin traces, having apparently just ingested the drug – whether tariff of approximately three months is binding – whether public display of drug paraphernalia an aggravating feature warranting upward adjustment – distinction between possession of apparatus and possession of a dangerous drug – Wong Wing Tak established that substantial sentences for possession of apparatus should only be passed where quantities or circumstances indicate more than possession for personal use – Chan Yu Choi confirmed nine months' sentence wrong in principle – Choi Sin Yun confirmed six months too high on its own facts – magistrate entitled to take more serious view because of place and circumstances of offence – public display of drug paraphernalia on staircase accessible to public and youngsters is aggravating feature, particularly where offender had just used apparatus in that place – appellant being a street-sleeper did not diminish the aggravating effect of public display – Sentence of six months, although on the high side, was not manifestly excessive or wrong in principle – Appeal dismissed.
Legal issues: Whether six months' imprisonment was manifestly excessive for possession of drug apparatus
Outcome: Appeal against sentence dismissed.
Cited by 28 cases