Yuen Kam Wah v. The Queen

CACC000853/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 853 OF 1973

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Coram: Huggins, J.

Date of Judgment: 3rd December 1973.

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JUDGMENT

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1. The Appellant appeals against a sentence of two years' imprisonment for possession of dangerous drugs for the purpose of unlawful trafficking. The burden of what he has said to me this morning appears to suggest that he thinks he should not have been convicted of possession for the purpose of unlawful trafficking because he did not make a profit on the drugs. The learned magistrate went to some trouble to ensure that the Appellant knew what was meant by trafficking and in the lower court the Appellant admitted that part of the drugs were for his own consumption and part for others. Before me he has expressly said that the part that was for others would be sold to those others at the price which he himself paid. It is clear that the Appellant was guilty of the offence and was properly convicted.

2. He says that some of those in court on the same day were sentenced only to 15 months or 18 months' imprisonment for this type of offence. That may well be. I do not know the circumstances of those other cases and I am concerned only with the present case. The Appellant has previous convictions for unlawful possession of dangerous drugs. The drug which were in his possession on this occasion were 12.9 grammes of a mixture containing 5.2 grammes of salts of esters of morphine.

3. The sentence was a proper one and the appeal is dismissed.

Representation:

3rd December 1973.