HKSAR v. Lee Chun Yee

CACC 357/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 357 OF 2008

(ON APPEAL FROM HCCC NO. 145 of 2008)

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BETWEEN

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Before: Hon Hartmann JA and Wright J in Court

Date of Hearing: 3 June 2009

Date of Judgment: 3 June 2009

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JUDGMENT

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Hon Wright  J (giving the judgment of the Court):

1.On 24 October 2008 the applicant was sentenced by Deputy High Court Judge Longley to serve a period of 8 years imprisonment, having been convicted, after trial, of trafficking in 27.68 grammes of methamphetamine hydrochloride. She had been apprehended and searched on 23 February 2008: the narcotics were found on her person during the search. The jury disbelieved her version that the drugs were for her own consumption.

2.She seeks leave to appeal the sentence on two bases: that she was willing to plead guilty and that the sentence is excessive.

3.As the judge indicated, had the applicant entered a plea of guilty she would have received the usual one third reduction in sentence. She chose not to do so. She forfeits that potential benefit. The sentence imposed was in accordance with the tariff laid down for such a quantity of this narcotic: see Attorney General v CHING Kwok-hung [1991] 2 HKLR 125. The judge was correct to find that there was no other mitigation available to the applicant.

4.The application is dismissed.

Ms Kathie Cheung, SPP,  Department of Justice, for Respondent.

The Applicant in person.