The Queen v. Chan Ming Fai

HCMA000028/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.28 OF 1996

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Coram : Hon. Duffy, J. in Court

Date of hearing : 8 March 1996

Date of handing down judgment : 12 March 1996

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J U D G M E N T

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1. This was an appeal against a sentence of 12 months for possession of 0.30 grammes of a mixture containing 0.03 grammes of heroin hydrochloride. In his Reasons for Sentence, the learned Magistrate said this :

"There is ample current authority that the tariff for possession of a very small quantity of heroin hydrochloride is 12 months imprisonment after a plea of guilty : see, for example, R v MAK Sing-fat, Mag. App. 654/1995. In fact, there is justification, in the light of R v CHIU Hung-wong and Another for a sentence in excess of twelve months imprisonment."

The amount dealt with in this case was minute. There was absolutely no risk of the amount passing on to other members of the public. I felt that this was a factor which should have been taken into account. Had it been, the sentence would have been lower. I therefore reduced the sentence to one of six months.

Representation:

Mr Prakash Daryanani, C.C., for Crown

Mr Eric Kwok (D.L.A.) for Appellant

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