The Queen v. Chan Chun Yin

CACC000072/1988

IN THE COURT OF APPEAL

BETWEEN

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Coram: Fuad, V,-P., Hunter, J.A. & Macdougall, J.

Date of Hearing: 28th June 1988

Date of Judgment: 28th June 1988

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J U D G M E N T

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Fuad, V,-P, (giving the judgment of the Courts):

1. The Applicant, Chan Chun Yin, who is a woman aged 40, was convicted by Judge Longley in the District Court on 20th January 1988 of possessing dangerous drugs for the purpose of unlawful trafficking after pleading not guilty. She was sentenced to 3 years' imprisonment and now seeks leave to appeal against her sentence.

2. She was stopped by the police on 25th August 1987 at about 3 o'clock in the morning in Hennessy Road and was found to have a packet of what was later proved to be drugs concealed in her shirt. She tried to dispose of five small packets of drugs which were in one of her trouser pockets. She told the police in her statement under caution that she had the drugs for her own consumption.

3. The quantity of drugs found on her were 43.16 of a mixture containing 3.57 grammes of salts of esters of morphine.

4. Nobody who reads the careful background reports that were prepared for the assistance of the judge in assessing the appropriate sentence can fail to have sympathy for the Applicant for the very sad life she has led. She has been married for many years to a man who has not given her the support that a wife can expect. Her husband has spent most of his married life in prison. She has four children. The youngest two are a daughter who is nearly 16 and a boy of nearly 15 who is at present in a Boy's Home.

5. The learned judge dealt with the matter of sentence with anxious care and felt that here were no special circumstances that would justify him in departing from the sentencing guidelines laid dozen in the leading case of Chan Chi Ming [1979] H.K.L.R.491.

6. We have listened to her plea for the reduction of her sentence with a measure of sympathy but find no grounds upon which it would be proper to interfere with the sentence imposed by the judge. The application is therefore refused.

Representation:

Defendant/Applicant in person.

Miss L.M.A. Shine (Crown Prosecutor) for the Crown.