HKSAR v. Sou Yu Wan

CACC000038/1997

IN THE COURT OF APPEAL

1997, No. 38
(Criminal)

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Coram: Hon Power, V.-P., Mortimer and Mayo, JJ.A. in Court

Date of hearing: 17 July 1997

Date of judgment: 17 July 1997

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The applicant pleaded guilty to trafficking in a large quantity of the dangerous drug which is referred to as ICE. To be precise when the police stopped her outside the Regal Meridien Hotel at the airport on 29 June 1996 they found in her possession 2004.99 grams of a crystalline solid containing 1.466 grams of methamphetamine hydrochloride. She was sentenced to 14 years' imprisonment by Deputy Judge Pang as he then was and she now seeks leave to appeal against this sentence.

2. The applicant is now aged 30. She has not had a very happy life. She was rejected by her family and at a young age became addicted to dangerous drugs. She was unable to finance her addiction with conventional types of employment and resorted to prostitution. Her role in the present offence was to act as a courier. She pleaded guilty at the earliest possible opportunity and Pang J gave her a full 1/3 discount. He adopted 22 years as his starting point. In this connection it should be observed that the narcotic content of the dangerous drug seized was in excess of double the amount which the guidelines in Ching Kwok-hung indicate call for a sentence of upward of 18 years.

3. Nothing which the applicant has said has persuaded us that the sentence imposed was either wrong in principle or manifestly excessive.

4. This application is accordingly refused.

Representation:

Mr John Reading (DPP) for Respondent

Sou Yu Wan - Applicant in person