Chin Kwok-ying v. The Queen

CACC000927/1973

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 927 OF 1973

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Coram: Cons, J., in Court.

Date of Judgment: 4th January, 1974.

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JUDGMENT

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1. The appellant was sentenced on his own plea to six months' imprisonment for smoking opium. It is a heavy sentence for this offence even allowing for the appellant's record. I appreciate that opinions in favour of such a sentence in circumstances similar to the present have been expressed elsewhere, although not in court. They are opinions of great weight but did not, I am told, reflect the general opinion on that occasion and do not, so far as I am aware, reflect the general sentencing practice for the time being. I agree with the learned magistrate that a sentence of imprisonment was proper in this case but think that one of three months would have been more appropriate. That reduction would have allowed the appellant to go free at about this time and I accordingly reduced the sentence to allow that to happen.

Representation:

Appellant in person.

Corrigan, C.C., for Crown.