R. v. Li Ho Fai

HCMA000212/1995

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 212 OF 1995

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Coram: The Hon. Mr. Justice Sears in Court

Date of hearing: 24 May 1995

Date of deelivery of judgment: 24 May 1995

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J U D G M E N T

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1. This is an appeal against sentence from Mr. Wyeth at Tuen Mun. It causes complication as I dealt with 3 appeals for this man yesterday and also for the Magistrates at Tuen Mun if they split the cases up between different Magistrates.

2. As far as this particular case is concerned, he was charged that on 11th October he trafficked in 0.67 of grams of mixture which contained 0.11grams salt of esters of morphine. The Magistrate therefore should have started at a figure of 2 years' imprisonment and discounted it. He started at three years which was wrong and then gave three months for the mitigation.

3. In my judgement, the appropriate sentence for this type of offence would be 2 years' imprisonment and it should have been discounted to 18 months. However, I have a more difficult task. Yesterday, I dealt with appeals and confirmed a totality of 2 years' imprisonment for offences committed after this offence was committed. These offences was committed November and December of 1994. These offences were committed earlier and would mean that the 18 months would be consecutive to the 2 years.

4. Having regard all the particular circumstances, this man is obviously an active trafficker in the Tuen Mun area and it is right that he should be sent to prison so that he stops his trafficking. However, I think in all the circumstances of this cases, the appropriate sentence is for this offence that he will be sentenced to prison for a period of 12 months' imprisonment, that will be consecutive to the sentences he is serving as a result of the confirmation by me of the other appeals.

Representation:

Mr. William Lam, S.C.C. for Crown

Mr. Richard Wong (DLA) for Appellant