The Queen v. Au Yip Wai

1987 No. 2
(Criminal)

IN THE COURT OF APPEAL

BETWEEN

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Coram:  Hon. C.J., Hon. Power, Hon. Barnes, JJ.

Date of hearing: 27th March 1987

Date of delivery of judgment: 27^th March 1987

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J U D G M E N T

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Power J.

1. The applicant pleaded guilty to a charge of possession of dangerous drugs for the purpose of unlawful trafficking. The quantity involved was 55.06 grammes of a mixture containing 5.52 grammes of salts of esters of morphine.  The drugs were found after a routine police search at premises at the Tat Lee Building in Shaukiwan Road, and the applicant admitted that they were his. He told the police that he stored them on the premises for someone else. The trial judge in his Reasons for Sentence said that he considered 3½ years was the appropriate sentence but that he took into account the plea of guilty and reduced that sentence by 6 months. The applicant now appeals on the grounds that he was made use of and was only looking after the drugs, that he did not intend to sell them himself, that he is a first offender, and that he pleaded guilty.  The fact that a person is a first offender carries little weight in offences of this kind. The trial judge took into account the plea of guilty and made a reduction therefor. Nothing has been raised before this Court that would warrant our interference in the sentence imposed and the application is therefore refused.

Mr. McWalters, Crown Prosecutor for the Respondent

Applicant Au Yip Wai, in person.