Tsui Yat Lun v. The Queen

CACC000647/1968

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 647 OF 1968

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Coram: Huggins J.

Date of Judgment: 25 November 1968

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JUDGMENT

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Huggins J

The appellant appeals against the sentence of 6 months' imprisonment for unlawful possession of three packets containing nearly 1.2 grammes of dangerous drugs. He has advanced before me a very plausible story of wanting to assist his mother but in my view it is no function of this court to extend mercy to cover such circumstances. The only question before me is whether the sentence passed by the learned magistrate was a proper sentence. The appellant has been convicted of unlawful possession of dangerous drugs on two previous occasions and the sentences passed on those occasions appear not to have had the desired defect. The learned magistrate thought that the appellant was in need of proper treatment and supervision if there were to be any hope of his recovery from addiction and I cannot but agree with him. In my view the sentence passed by the learned magistrate was a proper one and this appeal must be dismissed.

25th November, 1968.

Representation:

Appellant in person

Mr. Sharatte for the Respondent