HKSAR v. IP SAI KAN

HCMA115/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 115 OF 1999

----------------------

-----------------------

-------------------------

J U D G M E N T

-------------------------

1. The Appellant pleaded guilty before the Magistrate in respect of a charge of possession of a dangerous drug, namely, one packet consisting of plastic wrappings containing 0.3 grammes of a mixture containing 0.18 grammes of heroin hydrochloride. In passing sentence, the Magistrate took a starting point of 12 months and reduced that sentence by one-third to a term of eight months' imprisonment. It is very clear from the Reasons for Sentence that the Magistrate had taken into account the relevant authorities, especially the recent cases on appeal from Magistrates Courts to the Court of First Instance, in passing the sentence. I cannot find fault with his approach or see that the sentence was wrong in principle.

2. The Appellant argues that some people who were convicted of possessing a number of pallets of dangerous drugs were only given 12 months, or that people who were charged with three charges and convicted were only sentenced to a year's imprisonment.

3. The sentence in each case depends on its own facts and the major determining factor is the quantity of the dangerous drugs involved. The sentence for the quantity involved in this case is in accordance with the guidelines set down in R v Lau Tak-ming (1990) HKLR 370. I dismiss the appeal.