R. v. LI MING CHUNG

IN THE COURT OF APPEAL

1995, No. 312
(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 seeks leave to appeal against the sentence of two years and nine months' imprisonment passed on him for being in possession of dangerous drugs. The quantity of dangerous drugs involved was 116.18 grams of a mixture containing 31.94 grams of salts of esters of morphine.

2. The police who were conducting an anti-narcotic operation at the Shek Li Estate at Tsuen Wan on 15 July 1994 saw the applicant and searched him. They found in his possession the dangerous drugs which was the subject matter of the charge. The applicant pleaded guilty to the offence. He is a man aged 32 and has three previous drug related convictions.

3. In his grounds of appeal the applicant complains that the sentence which was imposed was excessive.

4. Before us he referred to other cases where he claimed lighter sentences had been passed. We would observe that the quantity of dangerous drug is only one of the factors which is weighed by the court. It also considers all of the other circumstances of the case and the background of the defendant whose case they are considering. The sentence was not excessive or wrong in principal and the application is dismissed.