HKSAR v. Lau Chun

HCMA 344/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. hcma 344 OF 2005

(ON APPEAL FROM KCCC 2034/2005)

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BETWEEN

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Before: Deputy High Court Judge Carlson in Court

Date of Hearing: 30 June 2005

Date of Judgment: 30 June 2005

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J U D G M E N T

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1.The Appellant appeals against a 20 month sentence imposed by Mr McNair at Kowloon City on 29 March 2005 for an offence of trafficking in heroin.  This was contained in 23 packets which the Appellant had in her possession when the police stopped and searched her at the junction of Carpenter Road and Lung King Road on 12 February this year.

2.The Appellant is a 53 year old woman.  She has a very bad record comprising 18 previous convictions many of which relate to drug offences. 

3.In 1989, she was sentenced to imprisonment for 4½ years for possession dangerous drugs for the purposes of trafficking.

4.In 1994 for an offence of trafficking, she received a term of 18 months.

5.In 2000, 4 years and 4 months in total for two offences of trafficking.  This is, therefore, her 4^th conviction relating to trafficking.  Quite clearly, she was bound to receive another substantial term having regard to the quantity, 4.59 games of a mixture containing 3.35 games of heroin hydrochloride.  The starting point of 30 months was entirely justified.  This was reduced by one third to 20 months to reflect her plea.

6.In my judgment, this appeal has no merit and it will, therefore, stand dismissed.

The Appellant, in person

Mr Raymond Cheng, of Department of Justice, for the Respondent