HKSAR v. HO KAM WING

CACC610/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 610 OF 1998

(ON APPEAL FROM HCCC 309 OF 1998)

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J U D G M E N T

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Stuart Moore, J.A. (giving the judgment of the Court):

1. On 9th September 1998, the Applicant pleaded guilty to two charges of trafficking in heroin hydrochloride when he appeared at the Eastern Magistrates' Court. He confirmed his pleas in the High Court before Deputy Judge Lugar-Mawson on 17th November 1998, and was sentenced to a total of 12 1/2 years' imprisonment. The Applicant now seeks leave to appeal against this sentence.

2. The two charges related to mixtures which contained 43.09 grammes and 513.1 grammes respectively of heroin hydrochloride. The drugs in the first charge were found on the Applicant when he was stopped and searched. He also had $17,000 on him which he admitted were his wages in connection with the drugs. The other drugs were found at premises which he was renting. The combined value of these drugs came to approximately $282,000.

3. In his grounds of appeal, the Applicant states that the sentence was too severe in view of his early plea of guilty and compared with the sentences imposed on others for a similar quantity of heroin. Other matters referred to in his grounds are of less significance.

4. The judge took a starting point of 19 years' imprisonment and he reduced that by just over a third having taken into account principally the early plea of guilty. This was a sentence that, in the view of this court, was an entirely proper one in all the circumstances.

5. Accordingly, the application is dismissed. There was no merit in the application whatsoever and we shall, for that reason, order that three months of the time served by the Applicant pending this hearing shall not count towards his sentence.