The Queen v. Chau Yung

HCMA000808/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 808 OF 1991

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BETWEEN

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Coram: The Hon. Mr. Justice Sears in Court

Date of Hearing: 3 March 1992

Date of Delivery of Judgment: 3 March 1992

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J U D G M E N T

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1. This appellant was convicted of being in possession of a dangerous drug for the purpose of unlawful trafficking. The date of conviction was 10th July and as was later held by the Court of Appeal the presumption had been removed. The Crown does not oppose his appeal against conviction. I allow the appeal against conviction and under s.119 of the Magistrate's Ordinance, substitute a conviction for simple possession. The appropriate sentence in my judgment is one of 6 months' imprisonment.

2. The appellant is serving a sentence of imprisonment of 2 1/2 years from the 27th June 1991. Having regard all the facts with Mr. Ko has submitted, I allow the appeal against conviction, substitute a sentence of imprisonment of 6 months to date from the 10th July.

Representation:

Mr. Josiah Lee C.C. for the Crown.

Mr. Michael Ko Chun (D.L.A.) for Appellant.