Ho Kam Loi v. R.

HCMP000604/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.604 OF 1996

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Coram : Hon Gall, J. in Court

Date of hearing : 6 September 1996

Date of judgment : 6 September 1996

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J U D G M E N T

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1. The appellant was convicted after trial on 1st April 1996 and was sentenced by the magistrate to two years' imprisonment for trafficking in a dangerous drug. He had trafficked, at 4:30 in the morning in a playground in the Yau Ma Tei, in one packet of dangerous drug being heroin and being a mixture of 0.3 gramme containing 0.05 gramme of heroin hydrochloride.

2. The appellant had a previous criminal history relating to dangerous drugs. He had, however, since 1975, no conviction prior to this matter other than causing wasteful employment of police time in 1980, and his last criminal conviction was for smoking dangerous drugs in April 1974. To all intent and purposes, the appellant was a man of clear record in respect of trafficking in a dangerous drug.

3. The learned magistrate in his consideration of sentence rejected the submission and said that the Drug Addiction Treatment Centre was an appropriate penalty and said "No remorse was shown by the 1st defendant, I impose an imprisonment term of two years on the 1st defendant". It would have been appropriate although the magistrate noted the record of the appellant and that the magistrate take into account the long period of time since the appellant has offended in respect of dangerous drugs.

4. The appeal against sentence is allowed and a sentence of 15 months imprisonment is substituted for that of two years.

(T.M. Gall)

Judge of the High Court

Representation:

Ms Maggie Yang, C.C., for Crown

Mr Anthony Mitchell-Heggs, inst'd by M/s Massie & Pickavant, for appellant