Chan Wah v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 195 OF 1973

________________________

________________________

________________________

JUDGMENT

________________________

1.  The Appellant appeals against a sentence of 18 months’ imprisonment for possession of dangerous drugs for the purpose of trafficking. He was stopped in the middle of the night and searched, and upon him was found a phial containing 7.5 grammes of a mixture containing 2.5 grammes of salts of esters of morphine. That was a sufficient quantity to give rise to the presumption that he was trafficking. His contention throughout has been that the drugs were for his own consumption. The learned magistrate was not persuaded that the presumption had been rebutted. The Appellant still maintains before me that the drugs were for his own consumption, but he has not appealed against conviction.

2.  It is true that the Appellant has no previous conviction relating to trafficking, but he has been convicted of offences under the Dangerous Drugs Ordinance on seven previous occasions. I cannot say that this sentence was wrong and the appeal must be dismissed.

3rd April 1973.