YU PING v. THE QUEEN
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CACC000666/1968
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO.666 OF 1968
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| BETWEEN | ||
| YU PING | Appellant | |
| AND | ||
| THE QUEEN | Respondent |
Coram: Huggins, J.
Date of Judgment: 4 December 1968
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JUDGMENT
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Huggins, J:
1. The appellant appeals against the sentence of 18 months' imprisonment imposed for unlawful possession of dangerous drugs. He pleaded guilty to possession of 5.29 grammes of diacetylmorphine hydrochloride.
2. In his Statement of Findings the learned magistrate assumed from the fact that there was what he termed "a large amount of drugs seized" that the drugs were not for the appellant's own consumption. For reason which I gave in a case the other day I cannot, with respect, agree with that, but before me the appellant has volunteered that the drugs were in fact for three persons. In those circumstances I cannot think that this sentence is in any way too severe.
3. I would only add that in this case, as in another case today, I note from the record that the appellant appeared in person but that there was a "plea in mitigation by counsel for the defence". The appellant tells me he was not represented by counsel. If this indicates that the learned magistrate is using some kind of set form of words in the preparation of his record the circumstances show this to be an unsatisfactory practice. The record should be an accurate record of the particular case.
4. This appeal must be dismissed.
4th December 1968.
Representation:
Appellant in person
Mr. Evans for the Respondent