LAU KEUNG v. THE QUEEN
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CACC001103/1974
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
CRIMINAL APPEAL NO. 1103 OF 1974)
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| BETWEEN | ||
| LAU Keung | Appellant | |
| and | ||
| The Queen | Respondent |
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Coram: Mr. Commissioner Yang in Court.
Date of Judgment: 2 January 1975
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JUDGMENT
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1. The appellant was charged with another accused Chung Wai, who pleaded guilty. The appellant has one previous conviction for manslaughter in 1965 for which he was sent to prison for 15 months, another previous conviction in 1971 for two charges of robbery, for which he went to prison for 12 months, and his last conviction was in December 1973, for going equipped for stealing, for which he was sentenced to 3 months' imprisonment. His co-accused Chung Wai has ten previous convictions, all for drugs. The learned magistrate sentenced the appellant to 3 years' imprisonment and Chung Wai to 2 ½ years' imprisonment. He imposed the two different sentences because credit was given to Chung Wai for his plea of guilty whilst the appellant had pleaded not guilty. Also, it appears from the magistrate's Statement of Findings that the appellant "was an active seller".
2. Though Chung Wai was correctly given credit for pleading guilty, I think in the present case, insufficient consideration has been given to the fact that Chung Wai has 10 similar previous convictions and the appellant has 3 previous convictions, which, though serious, are nevertheless not similar. Also, the appellant on the facts did not appear to be any more an active seller than Chung Wai who, on the learned magistrate's findings, was acting jointly with the appellant in trafficking.
3. Whilst a sentence of 3 years' imprisonment cannot be said to be extravagant, I am nevertheless of the opinion that, for the reasons given above, a difference in the sentences imposed on the appellant and his co-accused was not justified, having regard to all the circumstances, I therefore allow the appeal to the extent of reducing the sentence on the appellant to 2 ½ years' imprisonment, that is, to the same level as that imposed on his co-accused Chung Wai.
| (T.L. Yang) | |
| Commissioner of Supreme Court |
Representation:
Appellant in person.
E. Soh, C.C. for Respondent.