HKSAR v. Wong Wing Chuen

CACC000034/2000

CACC 34/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 34 OF 2000

(ON APPEAL FROM DCCC 1027/1999)

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Coram: Hon Mayo VP and Leong JA in Court

Date of Hearing: 14 April 2000

Date of Judgment: 14 April 2000

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J U D G M E N T

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Mayo JA (giving the judgment of the Court):

1. The applicant pleaded guilty before Judge Line in the District Court of both trafficking and possession of a dangerous drug. The particulars of the charges read:

"1st Charge
Particulars of Offence

WONG Wing-chuen, on the 22nd day of July, 1999, at Nos. 145 - 149A, Cheung Sha Wan Road, Sham Shui Po, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely, 24.87 grammes of a mixture containing 20.53 grammes of heroin hydrochloride.

2nd Charge
Particulars of Offence

WONG Wing-chuen, on the 22nd day of July, 1999, at Nos. 145 - 149A, Cheung Sha Wan Road, Sham Shui Po, Kowloon, in Hong Kong, had in his possession a dangerous drug, namely, 10 tablets containing a total of 50 milligrammes of methadone hydrochloride."

He was sentenced to a total of 3 years imprisonment and now seeks leave to appeal from this.

2. For the amount of dangerous drugs in the first charge the normal tariff would have been a sentence of 5 to 8 years imprisonment. The Judge said that he adopted a starting point of 6 years and gave a generous discount for the reasons he gave.

3. We consider that the sentences finally arrived at were lenient sentences and we dismiss the application.

Representation:

Mr P K Madigan, SGC, of the Department of Justice, for the respondent

Wong Wing-chuen, applicant in person