WONG CHING v. THE QUEEN
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CACC000275/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 275 OF 1972
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| BETWEEN | ||
| WONG CHING | 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. The appellant was arrested at a hut on a hillside near Block 5, Shek Kip Mei Resettlement Estate. The appellant had 2 phials of dangerous drugs in his underpants. Two further phials were found under a mattress; the appellant admitted they were his and that his hut was being used by others for the purposes of smoking heroin. The total amount of drugs found was 7.3 grammes and the heroin contained in the mixture was 2.5 grammes.
2. This case is different from the ordinary case of a person arrested in the street in possession of a small quantity slightly above the amount giving rise to the presumption. The drugs were found in a house in which a number of people were actually smoking as well as in the appellant's underwear on the appellants person. This case then did not call for the "tariff" sentence. The appellant has an extremely bad record and the sentence of two years' imprisonment cannot be regarded as manifestly excessive.
3. The appeal is accordingly dismissed.
| (P.F.X. Leonard) | |
| Puisne Judge |
Representation: