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HCMA000305/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY CRIMINAL APPEAL NO. 305 OF 1995
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LAU MING |
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Coram: The Hon. Mr. Justice Sears in Court
Date of hearing: 6 June 1995
Date of judgment: 6 June 1995
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J U D G M E N T
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1. This is an appeal against sentence by Mr. Saunders at the Western Magistracy when the Defendant pleaded guilty to one charge of possession of dangerous drugs, the amount was minute, 0.04 of a gram of heroin. The Magistrate, noted he had previous convictions and the Magistrate said 'I impose 9 months, the top end of the range, as I consider that having regard to the number of drug offences committed by him a less sentence would neither deter him nor give him sufficient drug free time for there to be any hope that he might stay off drugs'.
2. I sympathise with the Magistrate's approach, but the sentence must be one for the offence which is before the Court. The previous convictions do not entitle him to any credit, on the other hand, they should not add to the sentence. Sentence is reduced to one of four months' imprisonment.
Representation:
Mr. William Lam, S.C.C. for Crown
Appellant in person
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(R.A.W. Sears) |
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Judge of the High Court |
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