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HCMA000131/1999
HCMA131/99
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 131 OF 1999
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HKSAR |
Respondent |
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AND |
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YIP KWAN HUNG |
Appellant |
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Coram : Hon Woo J. in Court
Date of hearing : 2 March 1999
Date of judgment : 2 March 1999
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J U D G M E N T
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1. The Appellant appeared before the Magistrate on 24 November 1998 when he pleaded not guilty to a charge of injection of a dangerous drug, namely, heroin hydrochloride. It was only on 4 January 1999 when the matter came up for trial that he admitted the offence and pleaded guilty.
2. According to the case ofR v Lam Wai Ping, M.A. Nos.239 and 240 of 1997 (17 June 1997, unreported), my learned brother Patrick Chan J (as he then was) held that a reduction of the sentence by a later plea by one-quarter could not be faulted. The Magistrate obviously took into account that authority. He adopted a starting point of 12 months and because of the plea, but not at the first opportunity, he reduced it by one-quarter to nine months' imprisonment.
3. I do not see the sentence being wrong in principle in any way or excessive. I therefore dismiss the appeal.
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(K.H. Woo) |
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Judge of the Court of First Instance, High Court |
Representation:
Mr William Lam, S.G.C. of DPP, for HKSAR
Appellant in person, present
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