Yeung Kai-shan v. The Queen

CACC000764/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 764 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 27th September, 1975.

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JUDGMENT

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1. The appellant pleaded guilty to two charges, one of being in possession of dangerous drugs and two, of possession of a syringe. He was sentenced to nine months imprisonment on the first charge and three months on the second: he appeals against sentence.

2. The appellant and another man were stopped by the police in a lane. They ran off leaving a spoon, a cigarette filter and a syringe, all of which were contaminated with salts of esters of morphine.

3. The appellant has thirteen previous convictions, including three for offences connected with dangerous drugs. The last of these was in 1971. In June 1972 the appellant was convicted for the offence of robbery and sentenced to three and a half years' imprisonment. Since he came out from prison, having served that sentence, he has (from what he tells me) been assisted to engage in the boat-hiring business. These are small dinghies which are hired out for pleasure. The appellant says he was cured of his drug habit by reason largely of the fact that he had to serve his last term of imprisonment. He was released in October 1974, since when he seems to have made a sincere attempt to rehabilitate himself.

4. I will give the appellant, who is a man of about 45, a last chance to go straight. The sentences passed by the magistrate are to be suspended for twelve months.

Representation:

Appellant in person

Sharwood. c.c. for Crown/Respondent