Koo Tai v. The Queen

Case No.CACC 579/1978

Court

Court of Appeal

Date22 Jul 1978

Judge—

Case Document

100%

CACC000579/1978

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 579

BETWEEN:
	KOO Tai	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 22nd July, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to a charge of keeping an opium divan contrary to section 35(1) of the Dangerous Drugs Ordinance. He was sentenced to twelve months' imprisonment.

2. The evidence showed that the appellant was the caretaker of a small opium divan which was frequented by a regular clientele of opium smokers. When the appellant was arrested in the divan, four opium smokers were also arrested. They were dealt with by the magistrate at the same time as the case for the appellant.

3. The appellant is aged 61. For many years he has earned his living as a stone cutter. However, he suffered a stroke some two years' ago which resulted in partial paralysis of the left side of his body. As a result he had to find other employment. He has a clear record save for a very minor offence in 1966 and, in particular, he has no convictions for drug offences. His family is in China. He was employed as the caretaker of the divan. He did not own or rent the premises and his wage was $800 per month. The appellant was granted bail by the magistrate pending this appeal.

4. In my opinion, an immediate custodial sentence is not called for in this case. Taking into consideration the age and health of the appellant, I think that justice will best be served if the appeal is allowed to the extent that the sentence passed by the magistrate is to be suspended for two years. And I so order.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Sparrow (K.Y. Woo & Co.) for appellant

Kitchell for crown