CHIM SHUN-YIM v. THE QUEEN

CACC000326/1978

IN THE COURT OF APPEAL	1978 No. 326
	(Criminal)

BETWEEN:
	CHIM Shun-yim	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 6th July, 1978.

 

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JUDGMENT

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1. The appellant was found guilty of being in possession of dangerous drugs for the purposes of trafficking and was sentenced to five years' imprisonment. The amount of drugs involved was 40.2 grammes of heroin and they were concealed in a Remy-Martin brandy carton which the appellant was seen to be taking into his house.

2. The appellant, who is aged 41, has a clear record and is married with children. Originally, the appellant appealed against his conviction but this was abandoned before us.

3. Counsel for the appellant urged that five years' imprisonment for this offence was out of line with the sentences usually passed for such offences. He produced before the court a most useful chart which he obtained from the Legal Department which showed the sentences that have been passed for similar crimes by this court.

4. We do think that five years' imprisonment for this offence is higher than the usual tariff and for that reason and taking into consideration the appellant's clear record, we think that justice would best be served if the application is allowed and the sentence reduced to one of three and a half years' imprisonment.

 

 

	(Geoffrey Briggs)
	President.

 

Representation:

Cheng Huan (D.L.A.) for appellant

Duffy for crown