Chu Heung-kei v. The Queen

Case No.CACC 656/1978

Court

Court of Appeal

Date22 Jul 1978

Judge—

Case Document

100%

CACC000656/1978

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 656

BETWEEN:
	CHU Heung-kei	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 was convicted of the offence of possession of a dangerous drug for the purpose of trafficking. The case proceeded on that basis. At the end of the case the magistrate discovered that there was no allegation in the particulars of the charge of unlawful trafficking. The appellant should have been charged with and convicted of the offence of simple possession of a dangerous drug.

2. The appellant appealed against his conviction. I allowed this but substituted a conviction for simple possession of dangerous drugs therefor. I did this because from the evidence there was no doubt that the possession by the appellant was conclusively proved.

3. I gave leave to the appellant to appeal against his sentence out of time. The magistrate in his findings stated that the reason that he passed a sentence of eighteen months was his mistaken belief that the offence was one of trafficking. In view of the above, I allowed the appeal to the extent that the sentence be reduced to nine months.

	(Geoffrey Briggs)
	Chief Justice.

Representation:

Appellant in person

Kitchell for crown