R. v. LAU YUE WO

IN THE COURT OF APPEAL

1996, No. 36
(Criminal)

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J U D G M E N T

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Mayo JA giving the judgment of the Court:

1. The applicant seeks leave to appeal against the sentence of sixteen years' imprisonment imposed upon him for trafficking in dangerous drugs. He was convicted on two counts on his own plea.

2. Police officers observed the applicant entering a building in Sheung Shui on the morning of 3 July 1995. Shortly thereafter he emerged carrying a black leather bag. He was stopped. He immediately admitted that he knew that this related to dangerous drugs. The police officers then searched the premises which the applicant had come from. They found the dangerous drugs referred to in the second charge. The amount of dangerous drugs found in the bag was 1,364 grams of a mixture containing 206.05 grams of heroin hydrochloride. The amount of dangerous drugs found in the flat was 9,926 grams of a mixture containing 1,497.84 grams of heroin hydrochloride. This amount is in excess of double what is described as a very large quantity of drugs in Lau Tak-ming.

3. In his grounds of appeal the applicant refers to his very unfortunate family background. It would appear that his mother has an affliction which seriously impairs her eye sight and his lady friend is also in need of medical attention necessitating the expenditure of fees.

4. While this may well be the case regrettably the courts have no alternative but to take a most serious view of trafficking in dangerous drugs. Here the quantity involved was very substantial. The starting point of 24 years' imprisonment cannot be faulted and the judge gave the applicant the full 1/3 remission for his early indication of pleading guilty to the offences. This application is without merit and has to be dismissed.