R. v. CHEUNG KUEN SUN

IN THE COURT OF APPEAL

1996, No. 78
(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. Originally the applicant sought leave to appeal against both his conviction and sentence for trafficking in dangerous drugs. This morning he informed us that it is his wish to abandon his application to appeal against his conviction but that he wished to proceed with his application to appeal against the sentence of five years' imprisonment which was imposed upon him.

2. The facts of the case were that late in the evening of 25 April 1995 police officers who were in the vicinity of 195 Reclamation Street, Yaumatei saw the applicant emerge from a building holding a plastic bag. They approached him and searched the bag. They found it contained items they suspected to be dangerous drugs. It subsequently transpired that the packets contained 130.90 grams of a mixture containing 26.31 grams of heroin hydrochloride. The applicant said that as he had asthma and had a wife and daughter in China he had to take a chance.

3. The applicant was convicted after a trial. In his grounds of appeal against sentence the applicant claims that the sentence which was imposed upon him was excessive. Before us he referred to his clear record and the fact that he had been influenced by his friends. He also said that at the time of the events he was in need of money. The amount of dangerous drugs involved in this case comes within the second tier of amounts referred to Lau Tak-shing. This level covers sentences between five to eight years. The sentence imposed by the learned judge came within the guideline and should not be interfered with. The application is accordingly dismissed.