SHUM KWOK-WAH v. THE QUEEN

CACC001177/1978

 

IN THE SUPREME COURT	Criminal Appeal
	1978 No.1177

 

BETWEEN:
	SHUM Kwok-wah	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 19th December, 1978.

 

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JUDGMENT

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1. The appellant pleaded guilty to one offence of trafficking in dangerous drugs and one offence for possession of dangerous drugs for the purpose of unlawful trafficking. He was sentenced to three years' imprisonment on the first charge and two years' imprisonment on the second charge concurrent. The magistrate made a Police Supervision Order for two years to run from the date of his release from prison.

2. The appellant was found in possession of 0.4 grammes of heroin on his person, the subject matter of the first charge and 1.7 grammes in his home, the subject matter of the second charge. The appeal of the appellant is against the Order of Police Supervision.

3. In the record it is not explained why such an order was made. It is true that the appellant has four previous convictions, namely two for robbery, one for being a member of a triad society and one for a minor drug offence. However, he has not been in prison before, though he has been sentenced to a training centre and to a drug addiction treatment centre. It is well-known that persons subject to Police Supervision Orders can very easily get into trouble with their employers. Indeed, the imposition of such an order is a real hardship, as it is intended to be, on any person who is the subject of such an order.

4. As I have said, no reason for the Police Supervision Order was given in this case and I can find no reason for the imposition of such an order from the record, so in my view the appeal should be allowed to the extent that the order for police supervision is quashed. The sentences of imprisonment are to stand.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person

Sinclair for crown