HKSAR v. LAU KIN

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1998, No. 147
(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 pleaded guilty to two counts of trafficking in dangerous drugs. The dangerous drugs in question were ice and the narcotic content in the first count was 2.03 grammes and in the second 23.42 grammes. He was sentenced to 1 year's imprisonment on the first count and 5 years concurrent on the second.

2. The circumstances of the offence were that the Applicant sold the dangerous drugs in the first count to an undercover police officer. Keys were found on him and he took the officers to his residence where the dangerous drugs in the second count were found.

3. The sole Ground of Appeal is that it is claimed that the sentencing judge, Deputy Judge Hartmann (as he then was) failed to give the Applicant a discount for his guilty plea and for his previous clear record. This is not so. The Judge adopted 8 years as his starting point which was in conformity with the guidelines and reduced the sentence to 5 years.

4. In a case involving substantial quantities of dangerous drugs very little credit can be given for previous good character.

5. This appeal is without merit and is dismissed. 3 months of the time spent in custody will not count towards the sentences.