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Hksar v Yeung Ka Chun, Gary

Judgment Cited authorities 2 Cited in Precedent Map Related
Vincent
Judgment Date11 November 2008
Subject MatterCriminal Appeal
Judgement NumberCACC500/2006
CourtCourt of Appeal (Hong Kong)
CACC000500/2006 HKSAR v. YEUNG KA CHUN, GARY

CACC 500/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 500 OF 2006

(ON APPEAL FROM HCCC NO. 194 OF 2006)

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BETWEEN

HKSAR Respondent
and
YEUNG KA CHUN, GARY (楊家俊) Applicant

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Before : Hon Stock JA and McMahon J in Court

Date of Hearing : 11 January 2008

Date of Judgment : 11 January 2008

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J U D G M E N T

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Hon Stock JA (giving the judgment of the Court):

1. In Secretary for Justice & Anor v Hii Siew Cheng & Anor [2008] 3 HKC 323 the Court of Appeal set new guidelines for sentences in cases of trafficking in ketamine and the drug commonly known as ecstasy. In respect of trafficking in ketamine the common, though perhaps not universal, sentencing practice prior to that decision was to apply the same tariff or guidelines as had been set in HKSAR v Lee Tak Kwan [1998] 2 HKLRD 46 for the drug ecstasy. The judgment of the Court in Hii Siew Cheng made clear, at para 100, that the guidelines were not to have retrospective effect; in other words, that they would apply only to offences committed after that judgment. The approach of the Court of Appeal prior to the recent decision in Hii Siew Cheng was to proceed on the assumption that the same tariff was applied: see HKSAR v Leung Chun Fung [2003] 2 HKLRD 282; HKSAR v Mok Yiu Kau [2007] 4 HKC 586; and HKSAR v Yung Ka Kin CACC 240 of 2007 (9 January 2008, unreported).

2. This applicant was sentenced on 1 December 2006 to a term of ten years’ imprisonment by Deputy Judge Wright (as he then was) in the High Court. The applicant had pleaded guilty to an offence of trafficking in dangerous drugs on 6 July 2006 at the Customs Arrival Hall, Lok Ma Chau Control Point, namely, 2,182.19 grammes of a powder containing 1,861.88 grammes of ketamine and 298 tablets containing 44.03 grammes of ecstasy. He first pleaded guilty before a magistrate and was sent to the High Court for sentence. He now seeks leave to appeal against sentence.

3. The brief facts were that he was intercepted at the control point and searched and these drugs were found upon him. He said that he had been paid by someone to bring them into Hong Kong from Shenzhen. The retail value of the drugs seized was HK$361,983.

4. At...

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