R. v. Lau Choy Yau

CACC000567/1996

IN THE COURT OF APPEAL

1996, No.567

(Criminal)

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Coram: Power, Ag. C.J., Mayo, J.A. & Stuart-Moore, J.

Date of hearing: 30 March 1997

Date of judgment: 30 March 1997

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J U D G M E N T

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Stuart-Moore, J. (giving the judgment of the Court):

1. This applicant was convicted on 11th September 1996 following a trial in the District Court before H.H. Judge Sweeney. Sentence was imposed on 25th September 1996, after a report had been obtained from the Addiction Treatment Centre at Hei Ling Chau. On the first charge of possessing a mixture containing 19.54 grammes of heroin he was sentenced to three years' imprisonment and on the second charge of resisting a police officer, contrary to section 63 of the Police Force Ordinance, Cap.232, he received a period of one month's imprisonment to be served consecutively.

2. The Applicant complains in his written grounds of appeal against conviction that the evidence of the 1st and 2nd prosecution witnesses was contradictory. Having carefully considered the learned judge's Reasons for Verdict, it is clear that he bore in mind those "minor discrepancies" as he rightly described them.

3. The evidence against the Applicant was overwhelming. There is no merit in the Applicant's written grounds, and there is no substance in his complaints raised this morning. We refuse leave to appeal against the conviction.

4. Turning now to the sentence of three years' imprisonment on the first charge. The Applicant has a long history of drug abuse. He was understandably regarded as wholly unsuitable for a place at the Drug Addiction Treatment Centre. The sentence was, in our judgment, neither wrong in principle nor manifestly excessive. The application for leave to appeal against sentence is dismissed.

Representation:

Mr. Johnny Chan, C.C. for the Respondent.

Applicant in person.