Jim Heung-bun v. The Queen

CACC000856/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 856 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 30th October, 1975.

-----------------

JUDGMENT

-----------------

1. The appellant was found guilty of being in possession of dangerous drugs for the purpose of unlawful trafficking and was sentenced to a period of three years' imprisonment. The appellant, who is aged 27, had in his possession 9.7 grammes of a mixture containing 3.8 grammes of salts of esters of morphine. He appeared to be in the process of putting this mixture into little packets at the time that he was caught. He pleaded that the dangerous drugs were for his own consumption but the magistrate found that he was guilty of the offence charged.

2. He has three previous convictions for offences connected with dangerous drugs as well as other previous convictions. The approximate value of the dangerous drugs which were found with the appellant is $350. The magistrate quite rightly convicted the appellant of the offence of unlawful trafficking rather than simple possession and the appeal against conviction must be dismissed. However, the period of three years' imprisonment is, in my opinion, too long in the circumstances of this case. The usual sentence for a comparatively minor offence of this nature is two years. I therefore allow the appeal against sentence to the extent that two years' imprisonment be substituted for the three years' imprisonment.

Representation:

Appellant in person

Sharwood for crown.