R. v. CHAU CHI HIN

IN THE COURT OF APPEAL

1995, No. 679
(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 who was only 16 years old at the time of his offence seeks leave to appeal against the sentence of five years' imprisonment imposed upon him for trafficking in dangerous drugs. He was caught in a stop and search exercise by the police and pleaded guilty to the offence. The amount of dangerous drugs involved in 327 grams of a mixture containing 52.84 grams of heroin.

2. The applicant claimed to have given assistance concerning the prosecution of one of his associates. We are told by Mr Veltro for the Crown that this is not so. The supplier was arrested but this was not as a result of information which had been provided by the applicant.

3. The amount of dangerous drugs involved brings it within the third tier of category in Lau Tak-ming. The applicant was given a discount in excess of 33%. This sentence was neither wrong in principle nor manifestly excessive and the application is accordingly dismissed.