Ma Poon Cheuk v. The Queen
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CACC001145/1974 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 1145 OF 1974 -----------------
----------------- Coram: Huggins, J. Date of Judgment: 23rd January 1975. ----------------- JUDGMENT ----------------- 1. The Appellant appeals against a sentence of three years' imprisonment for possession of dangerous drugs for the purpose of unlawful trafficking. He had several previous convictions for dangerous drugs offencesgoing back to 1965: he was last convicted in 1971, when he was sentenced to four months' imprisonment. 2. On this occasion he was found in possession of a mixture weighing 1.9 grammes and containing 0.6 gramme of salts of esters of morphine. These were contained in six packets. In addition he had on him thirty-seven similar packets which contained an innocuous substance. He was seen in a public place selling these drugs and a revenue officer actually bought one packet from him. Upon his arrest the other packets were found in his pocket. 3. The quantity of drugs found upon the Appellant was small and had he been a man with a clear record in my view this would clearly have been too heavy a sentence, but he is obviously a man who has been doing this sort of thing for a considerable time. The question is whether, having in view the smallness of the quantity, the effect of sentence of three years' imprisonment is to sentence him for his past offences. I adjourned this case so that I should have the opportunity of discussing the matter with some of my brethren and in the event I am confirmed in the view which I originally formed that this was an unduly heavy sentence. 4. The appeal is allowed and a sentence of two years' imprisonment is substituted. 23rd January 1975. Representation: |