Wu So-ha v. The Queen

CACC000965/1976

Coram: Briggs, C.J.

Date of Judgment: 6th October, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to being in possession of dangerous drugs for the purpose of trafficking and to a second charge of being a member of a triad society. He was sentenced to two years' imprisonment on the first charge and one year on the second charge, the sentences to be consecutive. He appeals against these sentences.

2. So far as the sentence on the dangerous drugs charge is concerned, I do not think that the sentence was excessive, the appellant was in possession of thirty-two packets. So far as the second charge is concerned, I am of the opinion that one year's imprisonment is too heavy a sentence. The only evidence that the appellant was a member of a triad society came from himself. There is no evidence of any triad activities and a sentence of one year, in these circumstances, is out of line with the sentences usually passed for this offence.

3. In the event, this appeal against sentence will be allowed to the extent that the sentence of one year's imprisonment on the second charge is reduced from twelve months to two months. That period of two months to be served consecutively to the sentence of two years passed by the magistrate on the first charge.

Representation:

Appellant in person.

Miss Beeson for the Crown.