Tsui Ying Mo v. The Queen

Case No.CACC 773/1968
Court
Court of Appeal
Date06 Mar 1969
Judge
Case Document
100%

CACC000773/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.773 OF 1968.

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BETWEEN
TSUI YING MO Appellant
AND
THE QUEEN Respondent

Coram: Blair-Kerr, J., Hills-Owens, J. & Huggins, J.

Date of Judgment: 6 March 1969

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JUDGMENT

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Huggins, J: This is another case where the appellant was convicted of unlawful possession of traces of dangerous drugs. He pleaded guilty and was sentenced to 6 months' imprisonment. For reasons which we have given in Reg. v. Yu Kwun(1) we are satisfied that the plea was properly accepted.

2. The appellant contended before us that the match-box cover in which the drugs were found did not belong to him but had been borrowed from a friend. He said: " I put it in my pocket and just then the police searched me and found it". He gave no explanation for having pleaded guilty if the story were true. Nor did he advance any reason why the sentence should be reduced. This was his third conviction for this type of offence. In March 1967 he was conditionally discharged for two years but was convicted again 5 months later. He is 37 years of age and has a mother who is wholly dependant upon him.

3. We are unable to say that the sentence was other than a perfectly proper one. The appeal must be dismissed.

-6 MAR 1969

Representation:

Addison C.C. for Crown/Respondent.

Written judgment handed down.

(1) Criminal Appeal 785 of 1968.