SO WAI HAU v. THE QUEEN
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CACC000328/1973
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 328 OF 1973
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| BETWEEN: | ||
| SO Wai Hau | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Briggs, C.J. in Court
Date of Judgment: 14th July, 1973
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JUDGMENT
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1. The appellant was convicted of two offences: possession of dangerous drugs and possession of dangerous drugs for the purposes of trafficking. He was sentenced to six months on the first charge and two years on the second charge, the sentences to be served concurrently. He appeals to this court against his sentence of two years' imprisonment on the second charge.
2. The appellant was arrested as a result of a raid on an opium divan and he was found in possession of keys of part of the premises in which was found a considerable quantity of opium together with the usual drug paraphernalia. The appellant admitted to the police that at the time he was "dripping" opium inside a cubicle which formed part of the premises. It was pointed out by Mr. Munro, who appeared on behalf of the appellant that the sentence of two years was out of line with the sentences usually given for possession of opium for the purposes of trafficking. It is stressed that this is not a case of possession of heroin. Mr. Munro brought to the attention of the Court Criminal Appeal No. 428, Tang So v. R. and I agree with him. The usual sentence for such an offence, that is to say, for possession of opium as opposed to heroin for the purposes of trafficking, is a sentence of between six months and a year. In this case the appellant is 47 years of age and the Court has been informed, through his solicitor, that he has been a regular opium smoker since he was 21. However, he has a clear record and he is entitled to the benefit of such a record.
3. In the circumstances, the appeal is allowed to the extent that the sentence on the charge of possession of dangerous drugs for the purpose of trafficking is reduced from two years to nine months. This sentence will be served concurrently with the sentence of six months for the other offence as to which there is no appeal.
| (G.G. Briggs) | |
| Chief Justice. |
Representation:
Munro for Appellant
E. Soh, C.C. for Crown/Respondent.