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CACC000629/1996
IN THE COURT OF APPEAL
1996, No.629
(Criminal)
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KWAN YUK CHU |
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Coram: Hon. Power, V.-P., Mayo, J.A. and Yeung, J.
Date of hearing: 23 October 1997
Date of judgment: 23 October 1997
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J U D G M E N T
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Power, V.-P. (giving the judgment of the Court):
1. The applicant was convicted of one charge of trafficking in dangerous drugs. The particulars of that charge alleged that she had, on 7th February 1996, inside Room B, Flat O, 3rd floor, 1 Nelson Street, Mongkok, unlawfully trafficked in 226.44 grammes of a mixture containing 31.60 grammes of heroin hydrochloride. She was convicted of that charge after trial before Judge H.C. Wong in the District Court and sentenced to imprisonment for five years. She originally appealed against her conviction but then withdrew that application and sought leave to appeal against sentence out of time. The only reason she gives for being out of time is that she was advised by a lawyer that she will be better off appealing against sentence than against conviction. This would not be a ground such as would allow this court to grant an application for leave to appeal against sentence out of time. We have nonetheless heard her in relation to the application itself and its merits. She was found guilty of possession of 31.60 grammes of heroin for which the applicable tariff would result in a sentence in excess of the five years which were imposed.
2. Today she urges family considerations, her health and her genuine remorse. None of those matters provide any proper ground to challenge the sentence imposed. The application for leave to appeal against sentence out of time is refused.
(N.P. Power)
Vice-President |
(Simon Mayo)
Justice of Appeal |
(W. Yeung)
Judge of the Court of First Instance of the High Court |
Representation:
Mr. A.A. Bruce, S.C. & Mr. Daryanani, G.C. (D.P.P.) for the Respondent.
Applicant in person.
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