R. v. Leung Chi Tong

HCMA000585/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.585 of 1996

----------------------

-----------------------

Coram : Hon Patrick Chan, J. in Court

Date of hearing : 11 July 1996

Date of judgment : 11 July 1996

--------------------

J U D G M E N T

--------------------

1. The appellant pleaded guilty to possession of dangerous drugs, namely a packet containing 0.1 gramme of a mixture containing 0.08 gramme heroin hydrochloride. He was sentenced to 9 months imprisonment.

2. He was stopped and searched in the street and found to have the dangerous drug. He admitted that the drug was for his own consumption. He is 46 years of age, single and has worked as a labourer earning $5,000 a month. He has overall 20 previous convictions, three of which were not recorded. Out of these convictions there were three drug offences. He started to commit offences since the age of 14. He now appears before me and urges that since the quantity was small, he should get a lighter sentence.

3. I accept that the quantity is small, but it seems that sentences for this type of offence have become stiffer. Looking at the circumstances of this case, while I think the sentence of 9 months appears to be on the high side, I am not sure that I should interfere with the discretion of the learned Magistrate. The appeal is dismissed.

Representation:

Mr Wesley Wong, Senior Crown Prosecutor, for Crown

Appellant Leung Chi Tong, in person