LI FU PING v. THE QUEEN

CACC000737/1971

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 737 OF 1971

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BETWEEN
	LI FU PING	Appellant
	and
	THE QUEEN	Respondent

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Coram: Pickering, J.

Date of Judgment: 2nd December, 1971.

 

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JUDGMENT

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1. A common so-called ground of appeal around this time of the year consists of the appellant's stated ambition to obtain a reduct on of sentence in order that he may spend Chinese New Year outside the confines of a prison. Such a ground is almost inevitably doomed to failure, but the present case is an exception.

2. The appellant was convicted, on his own plea, of possession of dangerous drugs and was sentenced to eight months imprisonment. Having regard to the appellant's history and to the facts of the case, that term of imprisonment was a perfectly proper term. Before the magistrate, however, the appellant asked to be placed on a bond, adding that he wished to spend the forthcoming Chinese New Year at home. In his Statement of Findings the learned magistrate says that the sentence imposed will in fact allow the appellant to be released in time for Chinese New Year. In this the learned magistrate was in error.

3. Chinese New Year will fall on the 15th February, 1972 and a calculation made for me showed that the appellant will not be released until some days after that date even assuming remission for good conduct; the Prison authorities confirmed that, assuming full remission, the appellant's earliest date of release would be the 18th February, 1972.

4. I modify the sentence purely for the purpose of correcting the learned magistrate's calculation and giving effect to his stated intention of imposing a sentence which will permit the appellant to be released in time for Chinese New Year.

5. The appeal is allowed; the sentence of eight months imprisonment is set aside and substituted by a sentence of 7 1/2 months imprisonment.

 

Representation: