TANG YIM v. THE QUEEN

CACC000243/1972

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 243 OF 1972

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BETWEEN
	TANG YIM	Appellant
	and
	THE QUEEN	Respondent

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Coram: Leonard, J.

Date of Judgment:

 

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JUDGMENT

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1. This is an appeal against sentence only. The appellant was properly found guilty on a charge of possession of dangerous drugs for the purposes of trafficking. The learned magistrate applying the presumption which arose because the appellant had been found in possession of a phial containing 8.5 grammes of a mixture containing 2.2 grammes of barbitone and 1.8 grammes of salts of esters of morphine. The appellant did not give evidence in the court below. Indeed in answer to the case, the appellant said, "I leave the matter entirely in your hands. I will remain silent." It was only when pressed by the magistrate (for his own good) that he suggested that the drugs were for his own use. Since he did not give evidence nor subject himself to cross-examination I consider that the learned magistrate acted properly in holding that the presumption had not been negatived.

2. The drugs in question were contained in one container or phial. The appellant did not at the time of his arrest have any article suggesting that he had the immediate intent of disposing of the drugs to any purchasers. I have noticed a pattern in sentence for possession of drugs for the purposes of trafficking where the presumption arises and where the amount is small and is contained in a single packet or phial. In such cases the "traiff" is eighteen months' imprisonment.

3. I consider the sentence of twenty-seven months imposed by the learned magistrate in this case to be manifestly excessive and I accordingly reduce it to the term of eighteen months' imprisonment.

 

 

	(P.F.X. Leonard)
	Puisne Judge

 

Representation: