Fung Man Wai @ Sai Wai and Another v. The Queen

CACC000333/1976

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Coram: Pickering, Ag. C.J., McMullin, Ag. J.A. & Leonard, J.

Date of Judgment: 13th August 1976.

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JUDGMENT

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Pickering, Ag. C.J.:

1. The first appellant appealed against two concurrent sentences of four years' imprisonment in respect of charges of conspiracy to smuggle articles in and out of prison and of conspiracy to traffic in dangerous drugs. He was a warder in Stanley Prison who had abused his position of trust and we saw no reason to interfere with the sentences imposed.

2. The second appellant appealed only against his conviction in respect of the same two charges. We saw no reason to interfere with the conviction but considered that the concurrent sentences of 18 months' imprisonment imposed upon this appellant were excessive in the circumstances. His participation in the two conspiracies was utterly minimal. It consisted of delivering a note from one prisoner to another which note concerned the introduction of heroin into the prison, a fact unknown to the appellant at that time. Subsequently, however, he did become aware that the matter of interest between the two prisoners for whom he had acted as go-between was in fact the introduction of heroin into the prison. At a date subsequent to his acquiring this knowledge he took a message from one of these prisoners to the other asking him if he had any stuff (heroin) to which enquiry he received a negative reply. That was the total extent of his participation in the two conspiracies charged and, giving him leave to appeal against sentence out of time, we allowed the appeal, set aside the two concurrent sentences of 18 months' imprisonment and substituted sentences of three months' imprisonment to run concurrently but consecutive to the sentence which the second appellant was already serving.

Representation:

Appellants in person.

Adams, C.C., for respondent.