The Queen v. Wong Sum Chuen

CACC000336/1991

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. CA 336 OF 1991

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BETWEEN

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Coram: Hon. Silke, V-P, Power, J.A. & Sears, J.

Date of Hearing: 21 November 1991

Date of Delivery of Judgment: 21 November 1991

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JUDGMENT

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Sears J. (giving the Judgment in the Court)

1. On 14th June 1991 the applicant appeared before Judge Cameron in the District Court, charged with possession of a dangerous drug for the purpose of unlawful trafficking.

2. The brief facts were that on January in 1991, Police Officers patrolling in Kowloon City saw a Chinese male acting suspiciously.  They approached and intercepted him and, on conducting a body search, found two red paper packets containing dangerous drugs. The total weight of the mixture was 6.55 grammes and the total weight of salts of esters of morphine was 4.30 grammes.

3. The Trial Judge after listening to the evidence was of the view that it would not support the charge of unlawful trafficking, but the applicant was convicted of simple possession. The Judge called for reports; it was clear that he was a drug addict who had difficulties in overcoming his drug addiction, a sentence of 18 months' imprisonment was imposed.

4. Against that sentence, he now seeks leave to appeal. We are of the view that 18 months was too high. Cases of simple possession of this amount generally attract a sentence in the order of 9 months' to 12 months' imprisonment. We are of the view that the appropriate sentence here should be one of 9 months' imprisonment.

5. The application for leave to appeal, therefore, is granted. The appeal against sentence is allowed, and the sentence is reduced to one of 9 months' imprisonment.

Representation:

Mr. Michael N. Holmes for the Crown

Appellant: Wong Sum-chuen (in person)