Cheung Kwok-leung v The Queen

CourtCourt of Appeal (Hong Kong)
Judgment Date30 Dec 1978
Judgement NumberCACC1144/1978
SubjectCriminal Appeal
CACC001144/1978 CHEUNG KWOK-LEUNG v. THE QUEEN

CACC001144/1978

IN THE SUPREME COURT Criminal Appeal
1978 No. 1144

BETWEEN:
CHEUNG Kwok-leung Appellant
and
THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 30th December, 1978.

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JUDGMENT

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1. The appellant pleaded guilty to trafficking in dangerous drugs and was sentenced to three years' imprisonment. He appeals against that sentence.

2. The facts are simple. A plain clothes police officer asked the appellant whether he had any dangerous drugs and the appellant sold him one small packet. He was immediately arrested.

3. I can well understand the magistrate imposing a heavy sentence in this case because of the record of the appellant. On four different occasions, he was found guilty of an offence involving dangerous drugs and on each of these occasions he was sentenced to a drug addiction treatment centre. It is quite obvious that the appellant has not fully benefited from these previous sentences and something other than a drug addiction treatment centre order is necessary. However, the amount of drugs involved was minuscule and I think the sentence of three years is too heavy. Indeed, I was told from the Bar that this is well above the tariff for this particular offence.

4. In the event, I allow the appeal to the extent of reducing the sentence of three years to one of two years' imprisonment.

(Geoffrey Briggs)
Chief Justice.

Representation:

Sedgwick (DLA) for Appellant

Marash for Crown/Respondent

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