R. v. YUEN KING CHING

IN THE COURT OF APPEAL

1996, No. 402
(Criminal)

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J U D G M E N T

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Ching, J.A. (delivering the judgment of the Court) :

1. This applicant pleaded guilty to one charge of possession of dangerous drugs being a mixture of 61.78 grammes containing 12.68 grammes of heroin hydrochloride. The Judge used a starting point of three years and reduced the sentence to two for the plea of guilty.

2. The applicant has a long record of criminal convictions including eight for drug related offences. The Judge commented that none of the previous methods of dealing with him seemed to have had any effect, including a suspended sentence, a fine, Drug Addiction Treatment Centre and binding over. Four days before trial he was in touch with a voluntary drug addiction treatment centre on Lantau Island but they then heard nothing further from him. The Judge described this as a cynical attempt to get a letter from the centre which he could wave around in Court. We agree with him. The Judge also correctly pointed out the dangers of persons who possibly may have purchased the drug for their own consumption but then selling off what was surplus to their requirements. The applicant complains of this, he complains also that other defendants have been sentenced to the same or a lesser term in other Courts for drugs twice as pure or twice as much as his. We have no other details of those cases and do not, because we cannot, take them into account.

3. It has not been shown that the Judge erred in any way and this application is dismissed.