BUT SAU KAN v. THE QUEEN
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CACC000734/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 734 OF 1972
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| BETWEEN | ||
| BUT SAU KAN | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins J.
Date of Judgment: 30th November, 1972.
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JUDGMENT
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1. The Appellant appeals against a sentence of nine months' imprisonment for unlawful possession of dangerous drugs. He pleaded guilty and said that he purchased the drugs for his own consumption.
2. He has a long record, mostly of drugs offences. These go back as far as 1955. He was fined and sent to prison for periods up to eighteen months and then, in 1969, he was bound over for twelve months. However, before the end of that term he had committed yet another offence. The age of the Appellant is somewhat uncertain. He says he is 60 but the prison record gives his date of birth as 1921, which would make him 51. If he were not a drug addict I would have no hesitation in accepting the age of 60 as being the correct age and, in any event, I think it is nearer the mark.
3. This appeal is in effect a plea for clemency on the ground that the Appellant has a wife and seven or eight children to support. The learned magistrate clearly considered all the relevant factors and I have no reason to disagree with the conclusion which he reached.
4. The appeal must be dismissed.
30th November, 1972.
Representation: