The Queen v. Cheng Kam Ming

Read the full judgment text of CACC 426/1986 on BabelCite. This Court of Appeal judgment.

1. The applicant was sentenced to 3½ years imprisonment on a charge of possession of dangerous drugs for the purpose of unlawful trafficking. The quantity involved was 58.6 kg. of a mixture containing 10.12 gms. of salts of esters of morphine.

Case No.CACC 426/1986
Court
Court of Appeal
Date
Judge
Case Document
100%Judiciary

CACC000426/1986

1985, No. 426

(Criminal)

IN THE COURT OF APPEAL

BETWEEN

THE QUEEN Respondent
and
CHENG KAM MING Applicant

______________

Coram: Hon. Li, V.-P., Hon. Power and Hon. Penlington, J.J.

Date of hearing: 30th December 1986

Date of delivery of judgment: 30th December 1986

___________

JUDGMENT

___________

Power, J.

1. The applicant was sentenced to 3½ years imprisonment on a charge of possession of dangerous drugs for the purpose of unlawful trafficking. The quantity involved was 58.6 kg. of a mixture containing 10.12 gms. of salts of esters of morphine.

2. The trial judge followed the guidelines in R. v. Chan Chi-ming (1) when sentencing the applicant. The sentence of 3½ years, given the applicant's record and the quantity involved was a perfectly proper one. The applicant now asks for leave to appeal on the ground that the sentence was too severe as he has to support his aged mother and father.

3. There is nothing raised by him which indicates in any way that the trial judge was wrong in imposing the sentence that he did. We do not consider that we can elaborate further upon the matter. The application is without merit and will be dismissed.

Representation:

Mr A.A. Bruce and Mr. Stephen Wong (Crown Prosecutors) for the Respondent Applicant in Person

(1)   [1979] H.K.L.R. 491