HKSAR v. Yu Sut Wai

CACC000037/2000

CACC 37/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 37 OF 2000

(ON APPEAL FROM DCCC 637/1999)

__________________

___________________

Coram: Hon Mayo VP, Leong JA and Wong JA in Court

Date of Hearing: 13 April 2000

Date of Judgment: 13 April 2000

______________

J U D G M E N T

______________

Hon Mayo VP (giving the judgment of the Court):

1. The applicant seeks leave out of time to appeal against the total sentence of 27 months imprisonment imposed upon her after pleading guilty to three counts of trafficking in small quantities of heroin. Deputy Judge Law the sentencing Judge ordered that the sentences should be served partly consecutively.

2. No satisfactory reason has been given for not making the application timeously. The applicant who is a lady aged 62 simply states that she is old and has difficulty getting about. This is not a valid reason for non-compliance with the leave requirements.

3. Even if this application had been lodged in time it would have had little prospect of success. The police were conducting an anti-drug campaign near to a methadone treatment centre. On three occasions a police officer posing as a drug addict bought small quantities of heroin from the applicant for $100 each time.

4. Although the applicant co-operated with the police and furnished them with sufficient information to enable them to prosecute her accomplice the sentences imposed were not excessive. This was even bearing in mind the fact that the applicant has had limited opportunities in life and appears now not to be enjoying the best of health.

5. The sentences imposed were neither wrong in principle nor manifestly excessive and the application for leave to appeal out of time is dismissed.

Representation:

Miss Anna Y.K. Lai, SGC, of the Department of Justice, for the respondent

Yu Sut-wai, applicant in person