HKSAR v. Shu Iu Eng
Read the full judgment text of CACC 391/1997 on BabelCite. This Court of Appeal judgment was delivered on 19 February 1998.
1. The Applicant pleaded guilty to trafficking in a dangerous drug and was sentenced to 3 years 8 months' imprisonment. She now seeks leave to appeal against this sentence.
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CACC000391/1997 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL 1997, No. 391
----------------- Coram: Hon. Power, Ag. CJHC, Mayo and Stuart-Moore JJ.A. in Court Date of hearing: 19 February 1998 Date of delivery of judgment: 19 February 1998 ---------------------- J U D G M E N T ---------------------- Mayo, J.A. (giving the judgment of the Court): 1. The Applicant pleaded guilty to trafficking in a dangerous drug and was sentenced to 3 years 8 months' imprisonment. She now seeks leave to appeal against this sentence. 2. She was intercepted in the street by two police officers who searched her and found 108.25 grammes of a mixture containing 16.24 grammes of heroin hydrochloride. She immediately admitted the offence. 3. It is a sad case as the Applicant is now aged 61 and has been an addict nearly all her life. As a consequence of her addiction she has been reduced from moderately affluent circumstances to her present condition. 4. The judge adopted 5½ years as his starting point and gave her the usual one-third discount for her plea. 5. In her application she refers to her age and physical condition. Before us, she claimed that she was experiencing medical problems. These however are not matters which can be weighed heavily in the balance in such a case. 6. The sentence imposed was within the recommended guidelines and this application is unmeritorious and is dismissed. We further order that two months of the time she has spent in custody is not to count towards the sentence.
Representation: Mr. Albert Wong, S.G.C. (D.P.P.) for Respondent Shu Iu-eng, Applicant in person |