HKSAR
TONG Kwong-hung
HCMA 242/1998
HCMA000242/1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 242 OF 1998
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Coram : Hon Mr Justice Cheung in Court
Date of hearing : 29 April 1998
Date of delivery of judgment : 29 April 1998
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J U D G M E N T
1. The Appellant pleaded guilty to possession of dangerous drug, namely 0.28 grammes of heroin hydrochloride. The Magistrate imposed a sentence of nine months' imprisonment and also activated a previous suspended sentence which was not being appealed against.
2. The Magistrate adopted a 12 months starting point, reducing it by one quarter for the guilty plea. The Appellant had 43 previous convictions, 16 of which were drugs related. The starting point of 12 months imprisonment is in accordance with the tariff. The Magistrate is correct not to give the usual one-third discount. Nine months' imprisonment is appropriate and the appeal is dismissed.
Representation:
Mr Cheung Wai Sun, Deputy Principal Government Counsel, for Director of Public Prosecutions
Appellant in person