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Criminal Appeal1973

CHEUNG YOON v. THE QUEEN

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82072-EN-1973-02-16

CHEUNG YOON v. THE QUEEN

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IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 72 OF 1973

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BETWEEN
CHEUNG YOONAppellant
and
THE QUEENRespondent

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Coram: Pickering, J.

Date: 16th February, 1973

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JUDGMENT

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1.  The appellant was observed in the street smoking a cigarette which was taken from him and, upon analysis, found to contain dangerous drugs. Upon his subsequent plea of guilty to a charge of smoking dangerous drugs, he was sentenced to nine months imprisonment. He has nine similar previous convictions and is manifestly an addict. The sentence of nine months imprisonment, high in itself for the offence of smoking, is greater than any sentence he had previously received for the offence of possession, usually regarded as the more serious. The appeal will be allowed and the sentence of nine months imprisonment reduced to one of four months.

Appellant in person.

Lucas, A.P.C.C. for Respondent.