HKSAR v. Chan Po Chun

Read the full judgment text of CACC 535/1997 on BabelCite. This Court of Appeal judgment was delivered on 20 January 1998.

1. The Applicant pleaded guilty to two counts of trafficking in dangerous drugs. The total amount of dangerous drugs involved was approximately 15 grammes of heroin hydrochloride. She received a total sentence of 3½years' imprisonment. It should be added that as an act of mercy, His Honour Judge Christie also ordered that the sentences be served concurrently to another sentence the Applicant was serving in connection with a separate dangerous drugs offence.

Case No.CACC 535/1997
Court
Court of Appeal
Date20 Jan 1998
Judge
Case Document
100%Judiciary

CACC000535/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 535
(Criminal)

BETWEEN
HKSAR Respondent
AND
CHAN PO CHUN Applicant

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Coram: Hon Mayo and Stuart-Moore, JJ.A.

Date of Hearing: 20 January 1998

Date of Judgment: 20 January 1998

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to two counts of trafficking in dangerous drugs. The total amount of dangerous drugs involved was approximately 15 grammes of heroin hydrochloride. She received a total sentence of 3½years' imprisonment. It should be added that as an act of mercy, His Honour Judge Christie also ordered that the sentences be served concurrently to another sentence the Applicant was serving in connection with a separate dangerous drugs offence.

2. The circumstances surrounding the present offences are all too familiar. Police officers on special duty at Hong Ning Road, Kwun Tong in the afternoon of 4th February 1997 saw the Applicant selling what they suspected to be a packet of dangerous drugs to a person. They searched her and found a small packet on her. They then went back with her to her residence where a number of other packets were found which contained the dangerous drugs referred to in the second count.

3. In her application, the Applicant refers to her difficult family circumstances. Needless to say these can hardly be weighted in the scales having regard to the serious nature of the offences. The sentences imposed were lenient. There is no merit whatever in this application and it is dismissed.

4. We order that 3 months of the time the Applicant has spent in custody will not count towards her sentences.

(Simon Mayo) (M. Stuart Moore)
Justice of Appeal Justice of Appeal

Representation:

Mr Albert Wong, SGC (DPP) for Respondent

Chan Po Chun, Applicant in person