R. v. CHAN YUN KAM

IN THE COURT OF APPEAL

Criminal Appeal No. 62/97

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J U D G M E N T

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Wong J. (giving the judgment of the Court)

1. The Applicant was convicted after trial of one count of trafficking in a dangerous drug which had a narcotic content of 52.78 grams out of a mixture of 53.98 grams. He was sentenced to 9 years imprisonment. He now seeks leave to appeal against that sentence.

2. Before us and in his written ground, he asked for a reduction of the sentence. He said that he was wrong. The Applicant was stopped and searched by two police officers in Pitt Street, Kowloon and from a search conducted on his body, two transparent plastic bags were found inside his left front trousers pocket. Inside these two bags was the dangerous drug now the subject matter of the charge before the court.

3. The Applicant has a bad record relating to dangerous drugs. He was first convicted of trafficking in dangerous drugs in 1981 and following that conviction he had been convicted on many other occasions of the same offence. In the past four years from 1992, he had been convicted of possession of dangerous drugs on 4 occasions.

4. In passing sentence, the deputy judge had taken all the factors into account: his background, his record and the quantity of the dangerous drug which had a high degree of purity.

5. We are satisfied that the sentence imposed on this Applicant is within the general level of sentence imposed in cases of this quantity. We can see no reason to interfere and accordingly refuse leave.