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R. v. Wong Heung Chi

Read the full judgment text of CACC 424/1996 on BabelCite. This Court of Appeal judgment was delivered on 15 January 1997.

1. The applicant now seeks leave to appeal only against the sentence of 51/2 years' imprisonment which is imposed upon him for trafficking in a dangerous drug. It was a straight-forward case where the applicant was the subject of a stop and search exercise. He was found to have on him 284.21 grams of a mixture containing 37.11 grams of heroin hydrochloride. This quantity of dangerous drugs falls within the middle to upper band of the second tier of sentences referred to in LAU Tak-ming . Her Hon

Case No.CACC 424/1996
Court
Court of Appeal
Date15 Jan 1997
Judge—
Case Document
100%Judiciary

CACC000424/1996

IN THE COURT OF APPEAL

1996, No. 424

(Criminal)

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BETWEEN
THE QUEEN Respondent
and
WONG HEUNG CHI Applicant

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Coram: Hon Power Ag. CJ, Liu and Mayo, JJ.A. in Court

Date of hearing: 15 January 1997

Date of judgment: 15 January 1997

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J U D G M E N T

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Mayo JA giving the judgment of the Court:

1. The applicant now seeks leave to appeal only against the sentence of 51/2 years' imprisonment which is imposed upon him for trafficking in a dangerous drug. It was a straight-forward case where the applicant was the subject of a stop and search exercise. He was found to have on him 284.21 grams of a mixture containing 37.11 grams of heroin hydrochloride. This quantity of dangerous drugs falls within the middle to upper band of the second tier of sentences referred to in LAU Tak-ming. Her Honour Judge Wong adopted six years as a starting point and gave the applicant six months credit for his previous good character.

2. Before us the applicant referred to his family difficulties which had been occasioned as a result of his imprisonment. However notwithstanding this the sentence which was imposed upon him was in no way either manifestly excessive or wrong in principle. The application is dismissed. It was an unmeritorious application and we order that two months of the period he has served should not count as his sentence.

(N.P. Power) (B. Liu) (Simon Mayo)
Acting Chief Justice Justice of Appeal Justice of Appeal

Representation:

Mr D.G. Saw, SACP for the Crown

Wong Heung Chi - Applicant in person/present