CHU YAT v. THE QUEEN
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CACC001002/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO.1002 OF 1975
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| BETWEEN | ||
| CHU YAT | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Pickering, J.
Date of Judgment: 21st November 1975.
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JUDGMENT
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1. This appellant was convicted of possession of a small quantity of salts of esters of morphine and sentenced to twelve months' imprisonment. He is 63 years of age and has 55 previous convictions.
2. In his Reasons for Sentence the learned magistrate said that he took into consideration the fact that the appellant has 55 previous convictions "mostly of drug offences". This is incorrect for the previous convictions of that nature amount to 18 only. It is thus apparent that one of the factors influencing the learned magistrate in arriving at the sentence of twelve months' imprisonment was an erroneous assumption in regard to the number of previous convictions of a similar type. Having regard to that, I allowed the appeal, set aside the sentence of twelve months' imprisonment and substituted for it the more conventional sentence, for this type of offence, of nine months' imprisonment.
Representation:
Appellant in person.
C.W. Reid, C.C. for Respondent.