CHAN MO YIU v. THE QUEEN

CACC000337/1971

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 337 OF 1971

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BETWEEN
	CHAN MO YIU	Appellant
	and
	THE QUEEN	Respondent

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Coram: Huggins, J.

Date of Judgment: 14th July, 1971.

 

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JUDGMENT

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1. The Appellant was charged with possession of dangerous drugs for the purpose of unlawful trafficking and with possession of apparatus fit and intended for injection of a dangerous drug. He pleaded guilty to both charges and was sentenced to two years' imprisonment and four months' imprisonment concurrent. He appeals against those sentences.

2. The police carried out a raid on a lighter and as they approached the Appellant, who was the only person on board, appeared to be trying to escape. He was arrested and in his possession were found sixty-six packets of dangerous drugs consisting of morphine and barbitone, a syringe, two needles and a spoon round which was wrapped a piece of cotton wool. Traces of morphine were found in the syringe, on the needles and on the piece of wool. The Appellant was co-operative with the police and gave the name of a person who, he said, had employed him to sell these drugs at a morning wage of $25. He claimed that the other items found in his possession were for his own use and belonged to him.

3. The Appellant has nine previous convictions under the Dangerous Drugs Ordinance and the learned Magistrate thought that a deterrent sentence was appropriate. I see no reason to disagree with the view which he took and the appeal is dismissed.

 

14th July, 1971.

 

Representation: