Lau Sai Leung v. The Queen
Read the full judgment text of CACC 418/1976 on BabelCite. This Court of Appeal judgment.
1. The Appellant was charged before the magistrate with trafficking in a dangerous drug and there was a second charge - a charge of what the magistrate called "presumed trafficking" but which in fact was "possession for the purpose of unlawful trafficking". The Appellant was obviously under suspicion and an officer of the Preventive Service asked to purchase a packet of drugs, which the Appellant proceeded to sell. Thereupon the officer revealed his identity and searched him. He was found to be
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CACC000418/1976
----------------- Coram: Huggins, J.A. Date of Judgment: 13th May 1976. ----------------- JUDGMENT ----------------- 1. The Appellant was charged before the magistrate with trafficking in a dangerous drug and there was a second charge - a charge of what the magistrate called "presumed trafficking" but which in fact was "possession for the purpose of unlawful trafficking". The Appellant was obviously under suspicion and an officer of the Preventive Service asked to purchase a packet of drugs, which the Appellant proceeded to sell. Thereupon the officer revealed his identity and searched him. He was found to be in possession of seventeen small packets of drugs. The magistrate passed consecutive sentences of two years' imprisonment and one year's imprisonment. 2. It appeared to me that the total was a little - but only a little - above the normal imposed for this type of offence by a man who had only one previous conviction, that for smoking dangerous drugs. At the same time I questioned whether it was right to give consecutive sentences for these two offences, because there could be no trafficking without possession for the purpose of unlawful trafficking. Counsel for the Crown had a similar doubt and I think justice will be done if I order that these two sentences run concurrently. 13th May 1976. Representation: |