HKSAR v. TONG KWONG HUNG

HCMA 864/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 864 OF 1999

(On Appeal from NKCC 4183/99)

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J U D G M E N T

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1. The Appellant appeals against a sentence of 9 months imprisonment imposed on him for possession of dangerous drugs, the narcotic quantity being 0.21 grammes of heroin hydrochloride.

2. The Appellant's plea of guilty had not been indicated at plea, he pleaded guilty on the day fixed for trial. The Magistrate, taking the sentencing guideline cases into account, sentenced him to nine months' imprisonment, not giving the full 1/3 discount because of the delayed plea. The Magistrate considered a report from the Drug Addiction Treatment Centre before sentencing. The Appellant has 26 previous convictions; 16 were drug related. He had been to SARDA 4 times previously but despite that still used drugs. The Magistrate quite rightly thought there was no point in wasting time with another rehabilitation attempt in an open setting.

3. The Appellant feels some sense of grievance because he considers that there is a difference between his sentence and sentences passed in other courts for similar offences. Magistrates consider guidelines on sentence, but have to take the particular facts of each case into account as well so comparisons of sentence are not always useful, or meaningful. There is nothing wrong with this sentence. Accordingly, the appeal is dismissed.