Lee Chau v. The Queen

CACC000841/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 841 OF 1971

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Coram: Huggins, J.

Date of Judgment: 23rd December, 1971.

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JUDGMENT

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1. The Appellant pleaded guilty before the magistrate to unlawful possession of dangerous drugs. He was stopped in the street, searched and found to be carrying one packet of dangerous drugs. He gave evidence that he was walking in the street when two police officers pushed him into a police car, took him to the police station - ostensibly for enquiries - and there planted on him a packet of dangerous drugs. That evidence was rejected by the learned magistrate, who believed that a packet of dangerous drugs was found on him in the street.

2. The Appellant appeals against sentence only: nevertheless, he has addressed me on the basis that he was wrongly convicted and repeated his story that the drugs were planted on him. When asked why he appealed against sentence and not against conviction, he said the reason was that he had previous convictions relating to dangerous drugs. He could give no reason why the sentence of six months' imprisonment which was imposed should be regarded as excessive.

3. He has fourteen previous convictions, five of which were in connection with dangerous drugs, and in my view the sentence passed by the magistrate was a proper sentence.

4. The appeal is dismissed.

23rd December, 1971.

Representation:

Appellant in person.

Carolan C.C. for Respondent.