R. v. Ng Sheung Man

Case No.CACC 690/1996

Court

Court of Appeal

Date26 Feb 1997

Judge—

Case Document

100%

CACC000690/1996

IN THE COURT OF APPEAL

1996, No. 690

(Criminal)

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BETWEEN
	THE QUEEN	Respondent

	AND

	NG SHEUNG MAN	Applicant

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Coram: Hon Mortimer J.A., Mayo J.A. and Sears J in Court

Date of hearing: 26 February 1997

Date of judgment: 26 February 1997

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J U D G M E N T

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Mayo JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentence of 12 Months' imprisonment for being in possession of a small quantity of dangerous drugs. He pleaded guilty to the charge. The trial judge in his reasons for sentence states that he gave him the usual 1/3 discount for his plea.

2. The applicant has a bad record. He has according to the medical evidence been drug dependent for a number of years. He is a married man with a young family to support.

3. He referred us to the difficult circumstances being experienced by his family. This itself would not be a reason which would enable us to reduce the sentence which was passed. However we consider that the sentence was significantly higher than the normal range for possession of this amount of dangerous drug.

4. In our view an appropriate starting point would have been a sentence of 12 months' imprisonment. It is however necessary to give the usual discount for his guilty plea. Accordingly we allow the application and treating it as the appeal, order that the sentence of 8 months be substituted for the sentence which was imposed. The appeal is allowed to this extent.

(Barry Mortimer)	(Simon Mayo)	(R.A.W. Sears)
Justice of Appeal	Justice of Appeal	Judge of the High Court

Representation:

Mr A.A. Bruce QC & Ms Ho for Crown Prosecutor

NG Sheung Man - Applicant in person/present