YEUNG KA LIN v. THE QUEEN
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CACC000225/1975
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 225 OF 1975
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| BETWEEN | ||
| YEUNG KA LIN | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.
Date of Judgment: 5th May 1975.
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JUDGMENT
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1. This is an appeal against a sentence of nine months' imprisonment for unlawful possession of dangerous drugs. The Appellant was found in possession of a cigarette containing less than 0.1 gramme of salts of esters of morphine. The sentence was one which is normal for this type of offence but it was urged upon me that the only previous conviction under this Ordinance was in 1964, that the Appellant had gone straight for over ten years and that he committed the present offence only under stress when he lost his job.
2. I have had the advantage of a report from a Probation Officer and not without some hesitation I have decided that this is a case where I can properly interfere. The Appellant is a seaman and he has assured the Probation Officer that he will now have no difficulty in obtaining a post at sea. The Probation Officer has not said that he thinks that that is unduly optimistic, but he has expressed the view that the Appellant might well take advantage of any chance which was given to him.
3. In these circumstances I shall allow the appeal. The sentence of imprisonment is set aside, but I shall record a conviction and make an order of conditional discharge.
5th May 1975.
Representation: