Chan Kam Chun v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 231 OF 1973

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JUDGMENT

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1.  This is a hopeless appeal. The Appellant appeals against a sentence of nine months’ imprisonment for unlawful possession of dangerous drugs. He was stopped in the street and found to be in possession 0.4 grammes of a mixture containing 0.2 grammes of barbitone and 0.3 grammes of another mixture containing 0.1 gramme of salts of esters of morphine. According to the record the Appellant pleaded Guilty before the magistrate, but the terms of s.19 of the Magistrates Ordinance do not appear to have been followed and his pea to have been recorded in as near as possible the words used by the Appellant. However, nothing turns upon that upon this appeal.

2.  The Appellant is 52 years of age and is, by occupation, a professional driver – a matter which is not mentioned by the learned magistrate but which appears to me to be of some significance.  He has a large nubmer of previous convictions under the Dangerous Drugs Ordinance – no less than twelve since 1952.  On one occasion he was conditionally discharged but he was in breach of the terms of his discharge, although he never appears to have been brought back before the court and punished for that offence. 

3.  All that the Appellant can urge in mitigation before me is his family circumstances.  Those circumstances are not sufficient to justify my interfering with what is manifestly a correct sentence. 

4.  The appeal is dismissed.

25th April, 1973.