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HCMA000324/1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO.324 OF 1998
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HKSAR |
Respondent |
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LEUNG KAM-CHUNG |
Appellant |
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Coram : Hon Mr Justice Cheung in Court
Date of hearing : 29 April 1998
Date of delivery of judgment : 29 April 1998
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J U D G M E N T
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1. The Appellant pleaded guilty to possession of dangerous drugs. The mixture had 0.14 gramme of heroin hydrochloride. The Appellant had 29 previous convictions, 14 of which were drugs related. The starting point for possession of heroin is 12 months imprisonment. The Magistrate used a starting point of nine months to take into account the small quantity involved and reduced it by one-third and imposed a six months sentence of imprisonment.
2. Shortly before this conviction, the Appellant was sentenced to seven months' imprisonment for a similar offence. The Magistrate ordered the six months' imprisonment to be served consecutive to the seven months. In view of the proximity of the two offences and had they been dealt with together, the principle of totality will call for a lesser sentence for the current offence. Mr Cheung, Deputy Principal Government Counsel, agreed that a total of nine months sentence is appropriate in the circumstances.
3. Accordingly, I will reduce the present sentence to two months' imprisonment, so that the total sentence for the two offences is nine months.
Representation:
Mr Cheung Wai Sun, Deputy Principal Government Counsel, for Director of Public Prosecutions
Appellant in person
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(P. Cheung) |
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Judge of the Court of First Instance,
High Court |
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