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CACC000659/1997
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
1997, No. 659
(Criminal)
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HKSAR |
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CHUNG CHI-KEUNG |
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Coram: Hon. Power, V.-P., Rogers and Stuart-Moore, JJ.A.
Date of Hearing: 24 February 1998
Date of Judgment: 24 February 1998
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J U D G M E N T
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Power, V.-P. (giving the judgment of the Court):
1. In this matter the applicant seeks to leave appeal out of time against the sentence of four years imposed on one count of trafficking in dangerous drugs. He was found carrying 104 packets in a plastic bag and he admitted that he was a courier. The judge gave him a full one-third discount for plea of guilty even though he was not satisfied that it had been at the earliest possible time.
2. His only complaint has been that the judge was wrong to say he did not plead at the earliest possible time but of course that is of no moment as he got the full one-third discount. It was an entirely proper sentence. We have sympathy for his mother who has appeared in court today, who speaks of the hardship she and her husband endure because of the son's incarceration, but we regret that we are unable to allow that to influence us in any way a proper sentence having been imposed.
3. The application is dismissed.
| (N.P. Power) |
(A. Rogers) |
(M. Stuart-Moore) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr. Ian McWalters for D.P.P./Respondent
Applicant in person.
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