Yu Chi-lap v. The Queen

CACC000656/1982

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Coram: Huggins, V.-P., Yang & Barker, JJ.A.

Date: 5 October 1982

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JUDGMENT

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Barker, J.A.:

1. Yu Chi-lap, you appeal by leave against your sentence of 18 months which was passed upon you at the Victoria District Court on the 15th June 1982 for the possession of ammunition without a licence.

2. What you were found to be in possession of mere two live rounds of .38 special calibre revolver ammunition and one live round of 38 Smith & Wesson calibre revolver ammunition. These were found under the cushion of the rear seat of your own car and when you were asked about these, you admitted that you had obtained these rounds from a range course in 1981 when you had been a member of the Royal Hon Kong Police Force CID.

3. The learned judge in his Reasons for Sentence said that this was not a had case of its kind and with that view, we agree. What made the case more serious that normal was the fact that you obtained these rounds when you were still a serving police officer. We bear in mind that you did not have any arms, no gun and no suspicious or sinister motive was suggested for the retention of this ammunition. You are 29 years old. You have a clear record and you pleaded guilty to this offence.

4. In all the circumstances we are of the view that this sentence was too high, we shall allow your appeal against sentence, and shall substitute a sentence of six months' imprisonment.

Representation:

Appellant in person.

Kenny, for Crown/Respondent.