HKSAR v. LEE SIU LUNG

IN THE COURT OF APPEAL

1997, No. 443
(Criminal)

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J U D G M E N T

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

1. The Applicant was originally charged with trafficking in dangerous drugs. More specifically he was charged with trafficking in 169 grammes of a mixture containing 22.74 grammes of heroin hydrochloride.

2. At his trial the court accepted a plea of guilty to possession of dangerous drugs and he was sentenced to two years' imprisonment. It is against this sentence that the Applicant seeks leave to appeal.

3. The Applicant is an addict of long standing. On account of the fact that he was remanded in custody pending his trial, he was found to be drug free when he was medically examined when being considered for detention and treatment at the DATC.

4. In his grounds of appeal the Applicant claims that the Judge, His Honour Judge Jackson must have been prejudiced in accepting such a finding. We can see no possible justification in this complaint.

5. Although the Judge did not specifically refer to it, it would no doubt have been the case that when the Judge was considering an appropriate sentence he would have weighed the latent risk of the Applicant trafficking in the dangerous drugs having regard to the very large quantity involved. Indeed it could be said that it was perhaps surprising that the court agreed to accept the plea of simple possession having regard to the amount.

6. Be that as it may the sentence of two years' imprisonment was neither wrong in principle nor manifestly excessive and this application is dismissed.

7. As the application was without merit we ordered that two months of the time spent in custody were not to count as part of his sentence.