WONG CHIU TUNG v. THE QUEEN
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CACC000679/1968
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO.679 OF 1968
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| BETWEEN | ||
| WONG CHIU TUNG | 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: The appellant pleaded guilty to unlawful possession of dangerous drugs. The drugs consisted of 13.93 grammes of diacetylmorphine hydrochloride and 5.9 grammes of barbitone. The appellant has sought to persuade me that in fact he was only in possession of "a few packets" and that he was forced to admit possession of the larger quantity as a result of assaults by the police. He contends that he did not have an adequate opportunity of putting his defence in the magistracy. I cannot accept these contentions.
2. The appellant had six previous convictions for unlawful possession of dangerous drugs or smoking dangerous drugs: five of them clearly related to diacetylmorphine hydrochloride and the last probably did so. This last was a conviction on 11th April this year, when he was sentenced to 9 months' imprisonment. The appellant had been out of prison for only three weeks when he committed this further offence.
3. In view of the large quantity of drugs the learned magistrate thought a sentence of 2 years' imprisonment was appropriate. The only matter which has led me to consider that that sentence was possibly too high was that fact that prior to his conviction in April this year the appellant had not been convicted since April of 1965. On that occasion he was conditionally discharged. Had the present conviction related to a small quantity of drugs it might be that it would have been proper to see whether a further conditional discharge would have the same effect of keeping the appellant out of trouble, but in my view the quantity of drugs here was so large that the learned magistrate was right in taking the view which he did.
4. This appeal must be dismissed.
4th December, 1968.
Representation:
Appellant in person
Mr. Evans for the Respondent