Lau Kwok-leung v. The Queen

Case No.CACC 640/1979

Court

Court of Appeal

Date23 Jul 1979

Judge—

Case Document

100%

CACC000640/1979

IN THE SUPREME COURT	Criminal Appeal
	1979 No. 640

BETWEEN
	LAU Kwok-leung	Appellant
	AND
	The Queen	Respondent

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Coram: Roberts, C.J. in Court

Date of Judgment: 23 July 1979

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JUDGMENT

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[Possession of dangerous drugs for purpose of unlawful trafficking. Sentence increased]

1. The appellant appealed against the sentence of eighteen months' imprisonment imposed on him for possession of dangerous drugs for the purpose of unlawful trafficking.

2. He complained that the magistrate did not make a drug addiction treatment centre order against him, although he had been referred to the drug addiction treatment centre for a report and the centre had recommended that he was suitable for admission.

3. Had the appellant been convicted of simple possession of dangerous drugs, it might well have been that the magistrate would have made a drug addiction treatment centre order and I would have been inclined to do the same. However, the appellant was convicted of possession of dangerous drugs for the purpose of unlawful trafficking a much more serious offence. His defence was that he had purchased the drugs for his own consumption. I see no reason to interfere with the magistrate's rejection of this defence.

4. Earlier to-day, I dealt with an appeal in which the sentence of three years' imprisonment was imposed for possession of a slightly smaller amount of dangerous drugs for the purpose of unlawful trafficking. The appellant in that other case had a slightly worse record than the appellant in this case. For that reason I do not propose to increase the appellant's sentence in this case to quite as much as was imposed in the other case.

5. However, it would be consistent with the sentence in that other case, and with the general level of sentences imposed for possession for the purpose of trafficking, if the sentence in this case were to be increased to one of two and a half years' imprisonment. I therefore vary the magistrate's order accordingly. The appeal against sentence is dismissed and a sentence of two and a half years' imprisonment substituted for that of eighteen months.

Representation:

Appellant in person

White for crown/respondent